Smith v. Mutual Benefit Life Insurance
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. G. O. . Tichenor, Special Judge. (1) Under section 5983, Revised Statutes 1879, and section 5856, Revised Statutes 1889, no policy of insurance on life, issued by any life insurance company authorized to do business in this State on or after August 1, 1879, after payment on it of two full annual premiums, could be forfeited by reason of the non-payment of premium thereon, but would be entitled to the benefits prescribed in said…
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Appeal from Jackson Circuit Court. — Hon. G. O. . Tichenor, Special Judge. (1) Under section 5983, Revised Statutes 1879, and section 5856, Revised Statutes 1889, no policy of insurance on life, issued by any life insurance company authorized to do business in this State on or after August 1, 1879, after payment on it of two full annual premiums, could be forfeited by reason of the non-payment of premium thereon, but would be entitled to the benefits prescribed in said sections. The beneficiary of any such policy written after such date is entitled tp the benefits of said statute, anything-in…
1Opinion of the Court
In Banc.
2Per curiam
Upon a hearing of this cause by the Court in Banc the following opinion by Yalliant, J., in Division One is adopted as the opinion of the court.
Brace, Gantt, Burgess and Valliant, JJ., concurring; Robinson, C. J., Marshall and Fox, JJ., dissenting.
VALLIANT, J. — This is a suit on a policy of life insurance issued by the defendant, which is a New Jersey corporation, on the life of Samuel I. Smith for the benefit of his wife, the plaintiff, for $10,000. Smith and wife were residents of this State, the application was made to an agent of defendant in St. Louis, and the policy issued…
3Cases cited1 opinion
- Cravens v. New York Life InsuranceSupreme Court of Missouri · 1899
4Cited by30 opinions
- Trapp v. Metropolitan Life Ins. Co.Court of Appeals for the Eighth Circuit · 1934
- Cleaver v. Central States Life InsuranceSupreme Court of Missouri · 1940
- State Ex Rel. Northwestern Mutual Life Insurance v. BlandSupreme Court of Missouri · 1945
- Burridge v. New York Life InsuranceSupreme Court of Missouri · 1908
- New York Life Ins. v. ScheuerSupreme Court of Alabama · 1916
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