McKee v. Phœnix Insurance
Supreme Court of Missouri
Error to St. Louis Cowrt of Common Pleas. Demurrer to a petition. The petition is as follows: “ Plaintiff states that the defendant is indebted to her in the sum of 1548 for money had and received to and for the use of said plaintiff, as by the following account will appear; [here follows an account of cash payments commencing May 12, 1849, and ending November 12, 1855, amounting to $548 ;] all of which will also appear by reference to the endorsements on a certain policy of…
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Error to St. Louis Cowrt of Common Pleas. Demurrer to a petition. The petition is as follows: “ Plaintiff states that the defendant is indebted to her in the sum of 1548 for money had and received to and for the use of said plaintiff, as by the following account will appear; [here follows an account of cash payments commencing May 12, 1849, and ending November 12, 1855, amounting to $548 ;] all of which will also appear by reference to the endorsements on a certain policy of insurance which will be herewith filed. Also in the sum of $1,452 for damages on account of a breach of contract by the…
1Opinion of the CourtScott, Judge
On what ground did the company claim to hold the premiums paid after the divorce, even admitting that the divorce *386determines the contract ? Will tliey pretend to bold them on the ground that they were ignorant of the fact that a divorce had been obtained ? If they were ignorant of the fact, would that entitle them against all conscience to retain this unfortunate woman’s money ? The clause in the contract, that “ in every case where this policy shall cease or become null or void, all previous payments made thereon shall be forfeited to the said company,” had nothing to do with these payments;…
2Cited by46 opinions
- Brownell Combs, Ii, Administrator C.T.A. Of the Estate of Leslie Combs, Ii, Deceased v. International Insurance CompanyCourt of Appeals for the Sixth Circuit · 2004
- Cheeves v. Anders, AdministratorTexas Supreme Court · 1894
- Alabama Gold Life Insurance v. GarmanySupreme Court of Georgia · 1885
- Singleton v. St. Louis Mutual InsuranceSupreme Court of Missouri · 1877
- American Life Insurance v. McAdenSupreme Court of Pennsylvania · 1885
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