Legal Opinion

Barrington v. Ryan

Missouri Court of Appeals

Decided March 26, 1901PublishedCited by 4 opinions

Appeal from St. Louis City Circuit Court. — Mon. James E. Withrow, Judge. STATEMENT OK THE CASE. This is a petition for equitable relief.

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Appeal from St. Louis City Circuit Court. — Mon. James E. Withrow, Judge. STATEMENT OK THE CASE. This is a petition for equitable relief. The material averments are that the plaintiff is a resident of the city of St. Joseph, in the State of Missouri; that her husband Charles O. Barrington died on the eighteenth of September, 1896, at which time she was the holder and beneficiary of a policy of insurance on his life for the sum of five thousand dollars, issued by the Mutual Benefit Insurance Company of Newark, New Jersey, on the eighth day of August, 1866; that in consideration of the payment…

1Opinion of the CourtBond, J.

The elements of equity set forth in plaintiff’s petition are the fraudulent obtention by defendant of a contract signed by her, empowering him to collect certain insurance policies in her favor upon the life of her deceased husband, for the consideration to defendant of one-third of the proceeds of such collections; the allegations that defendant intentionally deceived her by his misrepresentations as to the validity of the policy in her favor, issued by a New Jersey company ; as to the fact that he was an employee of said company, and as to other circrunstanees relating to his personal…

2Cases cited6 opinions

  1. Stewart v. CaldwellSupreme Court of Missouri · 1874
  2. Pratt v. ClarkSupreme Court of Missouri · 1874
  3. Damschroeder v. ThiasSupreme Court of Missouri · 1872
  4. Bresnehan v. PriceSupreme Court of Missouri · 1874
  5. Lindley v. RussellMissouri Court of Appeals · 1884

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Bullard v. ZimmermanMontana Supreme Court · 1928
  2. New York Life Insurance v. CobbMissouri Court of Appeals · 1926
  3. State Ex Rel. Central States Life Insurance v. McElhinneyMissouri Court of Appeals · 1936
  4. Grimm v. BarringtonMissouri Court of Appeals · 1904

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