Darby v. Northwestern Mutual Life Insurance
Supreme Court of Missouri
Appeal from Stoddard Circuit Court. — Hon. W. S. G. Walker, Judge. (1) Time is of the essence of a contract of insurance and the failure to pay premiums when due works a forfeiture, if the policy so provides. AsKbrook v. Life Ins. Co., 94 Mó. 72; Suess v. Life Ins. Co., 193 Mo. 564; G-aterman v. Life Ins. Co., 1 Mo. App. 300; Sick v. Life Ins. Co., 79 Mo. App. 609. (2) The court admitted evidence immaterial and irrelevant and prejudicial to appellant.
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Appeal from Stoddard Circuit Court. — Hon. W. S. G. Walker, Judge. (1) Time is of the essence of a contract of insurance and the failure to pay premiums when due works a forfeiture, if the policy so provides. AsKbrook v. Life Ins. Co., 94 Mó. 72; Suess v. Life Ins. Co., 193 Mo. 564; G-aterman v. Life Ins. Co., 1 Mo. App. 300; Sick v. Life Ins. Co., 79 Mo. App. 609. (2) The court admitted evidence immaterial and irrelevant and prejudicial to appellant. (3) The instruction of the court given at the request of the plaintiff was erroneous, because there is no evidence in the record to support the…
1Opinion of the CourtElder, J.
— This is an action upon a policy of insurance for $10,000, issued by defendant on the life of Samuel E. Darby, payable to the estate of said Darby. Suit was brought by plaintiff as administrator of the said estate. On a trial before a jury a verdict-was returned in favor of plaintiff for the sum of $10,600. From a judgment rendered thereon defendant has appealed.
The petition is conventional, alleging the execution and delivery of the policy on April 27, 1918; the payment by the insured of the premiums accrued and due; the death of the insured from influenza and pneumonia; the request for…
2Cases cited5 opinions
- Clark v. ThiasSupreme Court of Missouri · 1903
- Ashbrook v. Phœnix Mutual Life InsuranceSupreme Court of Missouri · 1887
- Joseph v. American Life InsuranceMissouri Court of Appeals · 1876
- Sick v. Covenant Mutual Life InsuranceMissouri Court of Appeals · 1899
- Suess v. Imperial Life InsuranceSupreme Court of Missouri · 1906
3Cited by15 opinions
- Freeman v. BerberichSupreme Court of Missouri · 1933
- State Ex Rel. Thomas v. DauesSupreme Court of Missouri · 1926
- Berger v. McBride & Son Builders, Inc.Missouri Court of Appeals · 1969
- Allen Estate Ass'n v. Fred Boeke & SonSupreme Court of Missouri · 1923
- Branson v. RoelofszWyoming Supreme Court · 1937
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