Legal Opinion

Hanley v. Life Ass'n of America

Supreme Court of Missouri

Decided April 15, 1879PublishedCited by 17 opinions

Appeal from, St. Louis Court of Appeals. Suit by Eliza Hanley, widow of Wm. Hanley, deceased, on a policy of insurance in tbe defendant company for $10,000, insuring the life of said Wm. Hanley for the term of fifty-two years. The policy was issued February 1st, 1870, and deceased died November 17th, 1872. Deceased was secretary of the defendant company during this time.

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Appeal from, St. Louis Court of Appeals. Suit by Eliza Hanley, widow of Wm. Hanley, deceased, on a policy of insurance in tbe defendant company for $10,000, insuring the life of said Wm. Hanley for the term of fifty-two years. The policy was issued February 1st, 1870, and deceased died November 17th, 1872. Deceased was secretary of the defendant company during this time. The policy contained the following clause: “If, after having received two or more annual premiums, the said assured shall fail to make payment of any other premium when due, or if he shall fail to pay the interest or any lien…

1Opinion of the CourtHenry, J.

i life insurance: Sitorricom° mute'

There was evidence on the part of plaintiff that defendant waived prompt payment of the semi-annual premium due August 1st, 1872; that no forfeiture of the policy for non-payment thereof, was declared, nor any act of the company or entry on their books, treating the policy as a commuted policy, was done or made prior to Hanley’s death ; that when plaintiff executed the receipt in full of all demands on account of the policy, she did it in ignorance of her rights. It was also shown that on several occasions, when previous semi-annual payments became due,…

2Cases cited4 opinions

  1. White v. Connecticut Fire InsuranceMassachusetts Supreme Judicial Court · 1876
  2. Bouton v. American Mutual Life InsuranceSupreme Court of Connecticut · 1857
  3. Illinois Fire Insurance v. StantonIllinois Supreme Court · 1870
  4. Thompson v. St. Louis Mutual Life InsuranceSupreme Court of Missouri · 1873

3Cited by17 opinions

  1. McMahon v. Supreme Tent Knights of the Maccabees of the WorldSupreme Court of Missouri · 1899
  2. Sweetser v. Odd Fellows Mutual Aid Ass'nIndiana Supreme Court · 1889
  3. Norman v. GoodeSupreme Court of Georgia · 1904
  4. Chandler v. DuganWyoming Supreme Court · 1952
  5. Moore v. General Accident, Fire, & Life Assurance Corp.Supreme Court of North Carolina · 1917

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