Sauner v. Phœnix Insurance
Missouri Court of Appeals
Appeal from the Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) The provision in the note and policy for the suspension and avoidance of the policy, on default in the payment of the note when due, was a part of the contract between the insurer and insured, and was a valid and binding provision. In such cases a recovery upon the policy is conditioned upon the payment of the note at maturity.- DircJcs v. Ins. Co., 34 Mo. App. 31; Barnes v. Ins. Co., 30 Mo.
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Appeal from the Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) The provision in the note and policy for the suspension and avoidance of the policy, on default in the payment of the note when due, was a part of the contract between the insurer and insured, and was a valid and binding provision. In such cases a recovery upon the policy is conditioned upon the payment of the note at maturity.- DircJcs v. Ins. Co., 34 Mo. App. 31; Barnes v. Ins. Co., 30 Mo. App. 539; McClure v. Ins. Co., 31 Mo. App. 62; Palmer v. Ins. Co., 31 Mo. App. 467, citing 65 Mo. 78; Bussam v. Ins. Co., 1 Mo. App.…
1Opinion of the CourtEllison, J.
This action is on a policy of fire insurance, insuring the property of plaintiff’s intestate for a period of five years, and providing that if the premium note was not paid at maturity the policy should cease to be in force during the time it remained unpaid. The assured died a few months before the note became due, and the loss occurred a few days after it became due. The note was not paid by plaintiff nor was it ever demanded or presented to the probate court for allowance by defendant. The estate is solvent and able to pay if the note was presented and allowed. The judgment below was for…
2Cases cited13 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Dermott v. JonesSupreme Court of the United States · 1865
- The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
- Wolfe v. . HowesNew York Court of Appeals · 1859
- Cohen v. . N.Y. Mutual Life Insurance Co.New York Court of Appeals · 1872
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3Cited by5 opinions
- Adler v. MilesAppellate Terms of the Supreme Court of New York · 1910
- Heart v. East Tennessee Brewing Co.Tennessee Supreme Court · 1908
- Trammell v. VaughanSupreme Court of Missouri · 1900
- Millard v. BeaumontMissouri Court of Appeals · 1916
- Coil v. Continental InsuranceMissouri Court of Appeals · 1913