State Ex Rel. Brotherhood of American Yeoman v. Reynolds
Supreme Court of Missouri
Certiorari. The opinion of the Court of Appeals is in direct conflict with the controlling decision of the Supreme Court in the case of Hanford v. Massachusetts Mutual Benefit Association, 122 Mo. 50. Sec. 694.0, R. S. 1909, is a remedial statute, and prior to the enactment thereof, the tender of premiums received was not a condition precedent to the defense of misrepresentation. Loehrner Mutual Ins. Co., 17 Mo. 247; Mers v. Franklin Ins. Co., 68 Mo. 127; Hanford v. Mass.
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Certiorari. The opinion of the Court of Appeals is in direct conflict with the controlling decision of the Supreme Court in the case of Hanford v. Massachusetts Mutual Benefit Association, 122 Mo. 50. Sec. 694.0, R. S. 1909, is a remedial statute, and prior to the enactment thereof, the tender of premiums received was not a condition precedent to the defense of misrepresentation. Loehrner Mutual Ins. Co., 17 Mo. 247; Mers v. Franklin Ins. Co., 68 Mo. 127; Hanford v. Mass. Benefit Assn., 122 Mo.. 50; Schuerman v. Ins. Co., 165 Mo. 641; Aloe v. Mutual Life Assn., 147 Mo. 561; Aloe v. Ins. Co.,…
1Opinion of the Court
WALKER, C. J .
Certiorari is here invoked to quash the record of the St. Louis Court of Appeals in Wilson v. Brotherhood of American Yeomen, 223 S. W. 992. In the original action the plaintiff had brought suit against the defendant, a fraternal beneficiary association, to recover for a disability, payment for same having been provided for in the policy or certificate of membership. At the trial defendant sought to interpose the defense of misrepresentation on the part of the plaintiff in securing the policy. Objections to this defense were sustained on the ground that the premiums received had…
2Cases cited4 opinions
- Christian v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1898
- Hanford v. Massachusetts Benefit Ass'nSupreme Court of Missouri · 1894
- State ex rel. Gilman v. RobertsonSupreme Court of Missouri · 1915
- State ex rel. Tiffany v. EllisonSupreme Court of Missouri · 1916
3Cited by18 opinions
- State Ex Rel. Dean v. DauesSupreme Court of Missouri · 1929
- State Ex Rel. National Council of Knights & Ladies of Security v. TrimbleSupreme Court of Missouri · 1922
- State Ex Rel. Vesper-Buick Automobile Co. v. DauesSupreme Court of Missouri · 1929
- State Ex Rel. Northwestern National Insurance v. TrimbleSupreme Court of Missouri · 1929
- State Ex Rel. Bull Dog Auto Fire Insurance v. BlandSupreme Court of Missouri · 1927
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