Thassler v. Herman American Mutual Life Ass'n
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. (1) The defendant is an assessment insurance company within the meaning of Revised Statutes, Missouri, chapter 89, article 3, and not governed by the general insurance law. Hanford v. Mass. Benefit, 122 Mo. 50; Stiepelv. Ass’n, 55 Mo.
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Appeal from the Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. (1) The defendant is an assessment insurance company within the meaning of Revised Statutes, Missouri, chapter 89, article 3, and not governed by the general insurance law. Hanford v. Mass. Benefit, 122 Mo. 50; Stiepelv. Ass’n, 55 Mo. App. 224. (2) The instruction given for plaintiff is wrong, because it places the burden on defendant of proving fraud or misrepresentation when the defense was breach of warranty, and plaintiff was not entitled to recover in this case unless it affirmatively proved performance. “It is like a…
1Opinion of the CourtEllison, J.
This is an action on a life insurance policy issued by defendant to August Thassler, plaintiff being his widow and beneficiary. The judgment below was for plaintiff.
Among other defenses was one of false representations warranted to be true, by the contract of insurance, consisting in a representation that the deceased was a year younger than he really was at the date of his application; and that he had not been under the care of a physician for dyspepsia, or rheumatism, when, in fact, he had been. Conceding that there was evidence tending to support these defenses, it becomes necessary to…
2Cases cited1 opinion
- Hanford v. Massachusetts Benefit Ass'nSupreme Court of Missouri · 1894
3Cited by4 opinions
- Elliott v. Des Moines Life Ass'nSupreme Court of Missouri · 1901
- Elliott v. Safety Fund Life Ass'nMissouri Court of Appeals · 1898
- Lavin v. Empire Life InsuranceMissouri Court of Appeals · 1903
- Deane v. Southwestern Mutual Life Ass'nMissouri Court of Appeals · 1900