Linn v. New York Life Insurance
Missouri Court of Appeals
Appeal from the Cass Circuit Court. — Hon. W. W. Wood, Judge. (1) “If there is any evidence, however slight it may be, and whether direct or inferential, it must go to the jury, who are the exclusive judges of its weight and sufficiency.”
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Appeal from the Cass Circuit Court. — Hon. W. W. Wood, Judge. (1) “If there is any evidence, however slight it may be, and whether direct or inferential, it must go to the jury, who are the exclusive judges of its weight and sufficiency.” Twohey v. Eruin, 96 Mo. 104-109; Oharles v. Patch, 87 Mo. 450-462 “In passing upon a demur to the evidence, the court is required to make every inference of fact in favor of the party offering the evidence which a jury might, with any appearance of propriety, have inferred in his favor.” Buesching v. Gaslight Co., 73 Mo. 219-231; Ecton .v. Ins. Co., 32 Mo.…
1Opinion of the CourtSmith, P. J.
Statement. This is a suit upon a policy of life insurance issued by the defendant company upon the life of Cambridge Linn, the husband of plaintiff, payable to plaintiff, in the sum of $2,000. The policy was issued January 29, 1895, and was conditioned upon 'the payment of an annual premium of $'57.G0.
*197It further provided that failure to pay this annual premium would forfeit the policy, subject to a grace of one month, within which time the aforesaid premium would be accepted if paid with interest at the rate of five per cent, the policy to be continued in force during this month of grace.…
2Cases cited5 opinions
- Perry's Administrators v. RobertsSupreme Court of Missouri · 1852
- Coffman v. Niagara Fire InsuranceMissouri Court of Appeals · 1894
- Holman v. BacchusMissouri Court of Appeals · 1887
- Kloes v. Wurmser & LouisMissouri Court of Appeals · 1889
- Sheehan v. Southern InsuranceMissouri Court of Appeals · 1893
3Cited by2 opinions
- Jefferson Standard Life Ins. Co. v. HicksCourt of Appeals of Texas · 1924
- Burns v. Prudential Insurance Co. of AmericaCourt of Appeals of Maryland · 1932