Scheele v. Lafayette Bank
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonaldJudge. (1) The plaintiff cannot recover under the agreement of October 22, 1897, because it was not a contract made for her benefit, even though she might have suffered loss in consequence of the non-performance of the same by the parties thereto. State v. Railroad, 125 Mo. 596; Howsmon v. Water Co., 119 Mo. 304; Ellis v. Harrison, 104 M'o. 270; Carpenter v. Realty Co., 103 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonaldJudge. (1) The plaintiff cannot recover under the agreement of October 22, 1897, because it was not a contract made for her benefit, even though she might have suffered loss in consequence of the non-performance of the same by the parties thereto. State v. Railroad, 125 Mo. 596; Howsmon v. Water Co., 119 Mo. 304; Ellis v. Harrison, 104 M'o. 270; Carpenter v. Realty Co., 103 Mo. App. 480; Packett Co. v. Railroad, 35 Mo. App. 272; Markel v. Telegraph Co., 19 Mo. App. 80, 85; Armstrong v. School District, 28 Mo. App. 169, 181;…
1Opinion of the CourtBland, P. J.
(after stating the facts).
1. Appellant, in its brief, assigns three grounds against'the right of respondent to recover.
First. She cannot recover for the reason the contract of October 22, 1897, was not made for her benefit.
Second. Because Albert G. Scheele himself caused the policy to lapse and could not successfully prosecute a suit against the appellant for its failure to pay mortuary dues., Third. Because at the date of the institution of the suit, less than ninety days from the date of the death of Albert G. Scheele, respondent could not have recovered anything of the life association,…
2Cases cited11 opinions
- National Bank v. Grand LodgeSupreme Court of the United States · 1878
- Toplitz v. . BauerNew York Court of Appeals · 1900
- Howsmon v. Trenton Water Co.Supreme Court of Missouri · 1893
- Rogers v. GosnellSupreme Court of Missouri · 1875
- State v. MillerSupreme Court of Missouri · 1900
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3Cited by7 opinions
- Fidelity & Casualty Co. v. LoganCourt of Appeals of Kentucky · 1921
- Massachusetts Mutual Life Insurance Company v. Pinellas Central Bank & Trust CompanyDistrict Court of Appeal of Florida · 1965
- Sorenson v. National Life InsuranceWisconsin Supreme Court · 1972
- Farris v. PittsMissouri Court of Appeals · 1927
- Gate City National Bank v. ChickMissouri Court of Appeals · 1913
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