Boulware v. Missouri State Life Insurance
Missouri Court of Appeals
Appeal from Monroe Circuit Court.— Mon. W. W. Barnes, Special Judge. (1) The recitals of the policy are conclusive and binding on the parties as to the payment of the premiums, and cannot be denied for the purpose of affecting any rights arising on the contract. The court erred in holding the contrary. Rose v. Mo. State Life Ins. Co., 148 S. W. 181; Dobyns v. Ins. Co., 144 Mo. 95'; Wishart v. Gerhart, 105 Mo.
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Appeal from Monroe Circuit Court.— Mon. W. W. Barnes, Special Judge. (1) The recitals of the policy are conclusive and binding on the parties as to the payment of the premiums, and cannot be denied for the purpose of affecting any rights arising on the contract. The court erred in holding the contrary. Rose v. Mo. State Life Ins. Co., 148 S. W. 181; Dobyns v. Ins. Co., 144 Mo. 95'; Wishart v. Gerhart, 105 Mo. App. 112. (2) The recitals of the certificate of loan are likewise contractual and control its interpretation. As such it is not subject to contradiction by verbal testimony or…
1Opinion of the CourtAllen, J.
Thisi s an action on a policy of insurance issued -by the defendant company on the life of one Aaron Boulware, in which the plaintiff is designated as the beneficiary. The insured made default in the payment of the premiums on the policy, more than six years before his death, and the suit involves the propriety of the application of the nonforfeiture statute relating to such policies of insurance. The case was tried below before the court, without a jury, resulting in a finding and judgment for defendant, from which the plaintiff has duly prosecuted her appeal to this court.
Pursuant to the…
2Cases cited1 opinion
- Rose v. Missouri State Life InsuranceMissouri Court of Appeals · 1912