Missouri State Life Insurance v. Salisbury
Supreme Court of Missouri
Appeal from Sullivan Circuit Court — Eon. Nat M. Shelton, Judge. (1) The policy on the life of Alpha O. Salisbury was only conditionally delivered for the purpose of inspection and comparison, and therefore the contract was never completed. Eey v. Equitable Life Assur. Soc., 44 N. Y. 745; New v. Germania Fire Ins. Co., 171 Ind. 33; Amos-Eichia v. Northwestern Mut. Life, 152 Fed. 192; Coffin v. New York Life Ins. Co., 127 Fed. 555; Gordon v. Prudential Ins. Co., 231 Pa.
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Appeal from Sullivan Circuit Court — Eon. Nat M. Shelton, Judge. (1) The policy on the life of Alpha O. Salisbury was only conditionally delivered for the purpose of inspection and comparison, and therefore the contract was never completed. Eey v. Equitable Life Assur. Soc., 44 N. Y. 745; New v. Germania Fire Ins. Co., 171 Ind. 33; Amos-Eichia v. Northwestern Mut. Life, 152 Fed. 192; Coffin v. New York Life Ins. Co., 127 Fed. 555; Gordon v. Prudential Ins. Co., 231 Pa. St. 404; Harnickell v. N. Y. Life Ins. Co., Ill N. Y. 390. (2) The application, which was a part of the policy, provided that…
1Opinion of the Court
WHITE, C.
The plaintiff brought this suit for the purpose of canceling a policy of insurance written by the defendant upon the life of Alpha O. Salisbury, wife of the defendant. The petition alleged several reasons why the policy should' be canceled, and among them those which are urged here and which we will consider: First, that the policy was never delivered unconditionally to the insured and there was no completed contract upon which the minds of the parties met prior to the death of Alpha O. Salisbury; and, second, that the first premium was not paid during the good health of the insured,…
2Cases cited6 opinions
- Halsey v. American Central Life InsuranceSupreme Court of Missouri · 1914
- Dobyns v. Bay State Beneficiary Ass'nSupreme Court of Missouri · 1898
- Ormond v. . the Insurance Co.Supreme Court of North Carolina · 1887
- Kilcullen v. Metropolitan Life InsuranceMissouri Court of Appeals · 1904
- Bowen v. Mutual Life Ins. Co. of New YorkSouth Dakota Supreme Court · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- National City Bank v. Missouri State Life InsuranceSupreme Court of Missouri · 1933
- Cooley v. Metropolitan Life Ins. Co.Supreme Court of South Carolina · 1929
- Bernblum v. Travelers InsuranceSupreme Court of Missouri · 1937
- Dayton v. Travelers Insurance CompanySupreme Court of Missouri · 1924
- Medling v. Abraham Lincoln Life InsuranceMissouri Court of Appeals · 1931
3 more not listed; retrieve them via the Exa API.