Legal Opinion

Dickey v. Covenant Mutual Life Ass'n

Missouri Court of Appeals

Decided January 8, 1900PublishedCited by 1 opinion

Appeal from the Vernon Circuit Court. — Hon. H. 0. Timmonds, Judge. (1) The proper remedy for a party refused reinstatement in a corporation to which he is rightfully entitled, is mandamus. Lysaght v. St. Louis, etc., Ass’n, 55 Mo. App. 538. (2) A party can not sue upon one cause of action and recover upon another; he must recover, if at all, upon the theory presented in his petition. Wright v. Eonda, 44 Mo. App. 634; O’Brien v, Loomis, 43 Mo.

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Appeal from the Vernon Circuit Court. — Hon. H. 0. Timmonds, Judge. (1) The proper remedy for a party refused reinstatement in a corporation to which he is rightfully entitled, is mandamus. Lysaght v. St. Louis, etc., Ass’n, 55 Mo. App. 538. (2) A party can not sue upon one cause of action and recover upon another; he must recover, if at all, upon the theory presented in his petition. Wright v. Eonda, 44 Mo. App. 634; O’Brien v, Loomis, 43 Mo. App. 29; Price v. Railway, 40 Mo. App. 189; Mason v. Railway, 75 Mo. App. 1; Stix v. Matthews, 75 Mo. 96; Sumner v. Rogers, 90 Mo. 324. (3) Where a…

1Opinion of the CourtEllison, J.

Defendant in consideration of certain assessment premiums and 'an initiation fee issued to plaintiff a life benefit certificate or policy for $5,000. After making payments of such premiums during a course of several years, plaintiff failed to pay an assessment of $15.10 made against him by defendant and in consequence his certificate, by the terms of the contract between the parties as evidenced by the certificate and by-laws, became forfeited and of no effect, except that there was preserved to plaintiff a right of reinstatement under certain conditions set forth in the contract Plaintiff…

2Cases cited7 opinions

  1. Davidson v. Old People's Mutual Benefit SocietySupreme Court of Minnesota · 1888
  2. Biddle v. RamseySupreme Court of Missouri · 1873
  3. Comings v. Hannibal & Central Missoum RailroadSupreme Court of Missouri · 1871
  4. Suess v. Imperial Life InsuranceMissouri Court of Appeals · 1895
  5. Crosby v. Farmers' BankSupreme Court of Missouri · 1891

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3Cited by1 opinion

  1. Puschman v. Hartford Life & Annuity InsuranceMissouri Court of Appeals · 1902

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