Aloe v. Fidelity Mutual Life Ass'n
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. P. R. Flit-' craft, Judge. (1) Whether the misrepresentation act applies to assessment companies, is no longer an -open question in this State.
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Appeal from St. Louis City Circuit Court. — Hon. P. R. Flit-' craft, Judge. (1) Whether the misrepresentation act applies to assessment companies, is no longer an -open question in this State. Lord Caerns said: “I think that with regard to statutes.... ......it is desirable, not so much that the principle of the decision should be capable at all times of justification, as that the law should be settled, and should, when once settled, be maintained without any danger of vacillation or uncertainty.” Sutherland on Constr. of Stats., sec. 394. In the case of Aloe v. Mutual Reserve, 147 Mo. 575,…
1Opinion of the CourtMarshall, J.
— I. I concurred in the opinion, in this case, in Division One of this court, upon the theory that the proviso, in section 5869, Eevised Statutes 1889, was only intended to exempt assessment companies from the operation of all laws relating to the Insurance Department of,the State except such requirements thereof as were especially enumerated in the foregoing part of that section 5869, and that it was. not intended by that proviso‘to exempt assessment companies from the Act of 1874 (Laws 1874, p. 89), which required a misrepresentation in obtaining a policy to relate to a matter which…
Also in this document: Concurrence.
2Cases cited10 opinions
- Logan v. Fidelity & Casualty Co.Supreme Court of Missouri · 1898
- City of St. Louis v. AlexanderSupreme Court of Missouri · 1856
- Hanford v. Massachusetts Benefit Ass'nSupreme Court of Missouri · 1894
- Toomey v. Supreme Lodge Knights of PythiasSupreme Court of Missouri · 1898
- Aloe v. Mutual Reserve Life Ass'nSupreme Court of Missouri · 1899
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3Cited by30 opinions
- Knights Templars' & Masons' Life Indemnity Co. v. JarmanSupreme Court of the United States · 1902
- Keller v. Home Life InsuranceSupreme Court of Missouri · 1906
- United States Fidelity & Guaranty Co. v. Fidelity National Bank & Trust Co.Missouri Court of Appeals · 1937
- Cosmopolitan Life Insurance Co. v. KoegelSupreme Court of Virginia · 1905
- State ex rel. Supreme Lodge Knights v. VandiverSupreme Court of Missouri · 1908
25 more not listed; retrieve them via the Exa API.