Deal v. Hainley
Missouri Court of Appeals
Appeal from Mississippi Circuit Court. — Hon. Henry G. Riley, Judge. The defendant, Hainley, was totally incompetent 'to testify in this suit as to any transaction which he may have had with the deceased, Coleman.
Read the full summary
Appeal from Mississippi Circuit Court. — Hon. Henry G. Riley, Judge. The defendant, Hainley, was totally incompetent 'to testify in this suit as to any transaction which he may have had with the deceased, Coleman. R. S., 1899, sec. 4652. The defendant had no insurable interest in the life of Andrew J. Coleman other than the amount of the indebtedness, which the testimony shows clearly did not exceed four hundred dollars and plaintiff should have had judgment for the amount of the policy less the indebtedness and the premiums paid by the defendant, Hainley, to keep the policy in force. Ryan v.…
1Opinion of the CourtGoode, J.
(after stating the facts).
1. Defendant was an incompetent witness because he was a party to whatever understanding he had with the deceased Coleman about the insurance contract. Confessedly there was some arrangement between them, and the cause of action in issue and on trial turned on whether it was such a one as would allow defendant to retain all the money collected on the policy or only what deceased owed him plus the premiums he had paid. Defendant’s testimony falls within the letter and spirit of testimony excluded by section 4652 of the statute (R. S. 1899). [Kersey v. O’Day, 173 Mo.…
2Cases cited13 opinions
- Warnock v. DavisSupreme Court of the United States · 1882
- Aetna Life Ins. Co. v. FranceSupreme Court of the United States · 1877
- Tate v. Commercial Building Ass'nSupreme Court of Virginia · 1899
- Singleton v. St. Louis Mutual InsuranceSupreme Court of Missouri · 1877
- Kersey v. O'DaySupreme Court of Missouri · 1903
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State Ex Rel. Shriners' Hospitals for Crippled Children v. HensleyMissouri Court of Appeals · 1964
- McRae v. WarmackSupreme Court of Arkansas · 1911
- Locke v. BowmanMissouri Court of Appeals · 1912
- Morrow v. National Life Ass'nMissouri Court of Appeals · 1914
- MISSOURI PORTLAND CEM. CO. v. Denny Concrete Co., Inc.Supreme Court of Missouri · 1973
3 more not listed; retrieve them via the Exa API.