Roseberry v. American Benevolent Ass'n
Missouri Court of Appeals
Appeal from Knox Circuit Court. — Hon. Charles D. Stewartj Judge. (1) The court erred in overruling defendant’s motion for judgment on the pleadings. The petition avers the plaintiff gave notice — the reply admits he did not give it according to the terms of the policy and states no facts that are an excuse for not doing it in law. The one stated to he an excuse in law would have to be provided for in the contract.
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Appeal from Knox Circuit Court. — Hon. Charles D. Stewartj Judge. (1) The court erred in overruling defendant’s motion for judgment on the pleadings. The petition avers the plaintiff gave notice — the reply admits he did not give it according to the terms of the policy and states no facts that are an excuse for not doing it in law. The one stated to he an excuse in law would have to be provided for in the contract. Where a party by contract agrees to do a prescribed thing in a prescribed time, he is liable for non-performance of the contract notwithstanding the fact that his non-fulfillment…
1Opinion of the CourtNortoni, J.
This is a suit on an accident insurance policy. Plaintiff recovered and defendant appeals. It appears plaintiff was insured in the defendant company for the period of one year in consideration of one dollar per week premium paid by him. Plaintiff was insured as a railroad pumpman and under the defendant’s classification of risks relating to that vocation. The policy vouchsafed insurance at the rate of $35 per month during the period of total disability, provided the insured received bodily injuries solely through external, violent, accidental and involuntary means which should produce visible…
2Cases cited18 opinions
- McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Woodmen Accident Ass'n v. PrattNebraska Supreme Court · 1901
- McFarland v. United States Mutual Accident Ass'nSupreme Court of Missouri · 1894
13 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Mutual Life Ins. Co. of NY v. JohnsonSupreme Court of the United States · 1934
- New England Mut. Life Ins. Co. v. ReynoldsSupreme Court of Alabama · 1928
- Tresner v. State Farm Insurance Co.Supreme Court of Missouri · 1995
- Magill v. Travelers Ins. Co.Court of Appeals for the Eighth Circuit · 1943
- State Mut. Life Assur. Co. of Worchester v. DischingerSupreme Court of Missouri · 1953
15 more not listed; retrieve them via the Exa API.