Smith v. Charter Oak Life Insurance
Supreme Court of Missouri
Lip peal from St. Louis Circuit Court. I. In May, 1861, when the annual premium became due, war existed between the United States and the State of Virginia ; the • existence of war revoked the power of defendant’s agent at Lynchburg, and it would have been unlawful for defendant to transact business with plaintiff during the existence of the war.
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Lip peal from St. Louis Circuit Court. I. In May, 1861, when the annual premium became due, war existed between the United States and the State of Virginia ; the • existence of war revoked the power of defendant’s agent at Lynchburg, and it would have been unlawful for defendant to transact business with plaintiff during the existence of the war. (19 Grat. 898 ; 5 Wall. 407 ; Tait vs. New York Life Insurance Co. and cases there cited.) That the contract of insurance was canceled by the war, see DeJarnette vs. DeGiverville, 56 Mo. 440 ; Washington University vs. French, 18 Wal. 106. As to the…
1Opinion of the CourtNapron, Judge
This action was commenced on the 7th of June, 1871, against the insurance company for damages occasioned by an alleged breach of a contract of life insurance made by the defendant in 1853, on the life of John Woodson Smith for the benefit of. his wife, the present plaintiff.
The premiums were due annually on the 6th of May each year, and had been punctually paid until the 6th of May, 1861, when the premium due was tendered and conditionally received by the defendant’s agent in Lynchburg, but subsequently returned on account of instructions from his principal at Hartford. This is claimed in the…
2Cases cited1 opinion
- Keeton's Heirs v. Keeton's AdministratorSupreme Court of Missouri · 1855
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