Deane v. Southwestern Mutual Life Ass'n
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The court erred in giving the declarations of law requiring the jury to find that Mattie Deane, the assured, in her application, made misrepresentations to the defendant, and that the matter so misrepresented actually' contributed to her death; thereby placing the defense upon the ground of misrepresentation of some matter that actually contributed to her death, and confining it to that specific…
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Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The court erred in giving the declarations of law requiring the jury to find that Mattie Deane, the assured, in her application, made misrepresentations to the defendant, and that the matter so misrepresented actually' contributed to her death; thereby placing the defense upon the ground of misrepresentation of some matter that actually contributed to her death, and confining it to that specific statutory defense (Revised Statutes 1899, section 7890) and entirely ignoring the other ground of defense based upon a breach…
1Opinion of the CourtEllison, J.
Plaintiffs by their guardian sued defendant on a life policy of insurance issued on the life of Mattie Deane. They recovered judgment in the circuit court.
The defense is based on a breach of warranties made to defendant by the deceased. These warranties relate princi-pally to the deceased’s condition of health and whether she was or had been afflicted with certain dangerous diseases and whether she had been treated by physicians for such diseases. The court refused all of defendant’s instructions on this subject as offered. The court gave one embodying the general hypothesis of defendant’s…
2Cases cited4 opinions
- Christian v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1898
- Jacobs v. Omaha Life Ass'nSupreme Court of Missouri · 1898
- Ashford v. Metropolitan Life InsuranceMissouri Court of Appeals · 1899
- Thassler v. Herman American Mutual Life Ass'nMissouri Court of Appeals · 1896
3Cited by1 opinion
- Jenkins v. Covenant Mutual Life InsuranceMissouri Court of Appeals · 1903