Roedel v. John Hancock Mutual Life Insurance
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—How. George H. Shields, Judge. (1) The demurrer to the evidence ought to have been sustained, (a) If insured was not in sound health at the date of the policy, and his then condition contributed to cause his death, there could be no recovery. R. S. 1909, sec. 6937; Salts v. Insurance Co., 140 Mo. App. 149; Frazier v. Insurance Co., 161 Mo. App. 709; Welsh v. Insurance Co., 165 Mo.
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Appeal from St. Louis City Circuit Court.—How. George H. Shields, Judge. (1) The demurrer to the evidence ought to have been sustained, (a) If insured was not in sound health at the date of the policy, and his then condition contributed to cause his death, there could be no recovery. R. S. 1909, sec. 6937; Salts v. Insurance Co., 140 Mo. App. 149; Frazier v. Insurance Co., 161 Mo. App. 709; Welsh v. Insurance Co., 165 Mo. App. 137. (b) Sec. 6937, R. S. 1909, does not destroy the power to sustain a demurrer in cases of this character. Schuerman v. Insurance Co., 165 Mo. 649,' 650; Salts v.…
1Opinion of the CourtAllen, J.
This is an action upon a policy of insurance issued by defendant upon.the life of one William Roedel, deceased. Plaintiff, to' whom the policy was made payable, is the widow of the insured. The cause originated before a justice of the peace, where the plaintiff had judgment, and the defendant app baled to the circuit court.
Two trials have been had in the circuit court, each before the court and a jury; upon the first plaintiff received a verdict at the hands of the jury, which was by the court set aside on the ground that it was against the weight of the evidence; the second resulted in a…
2Cases cited9 opinions
- Keller v. Home Life InsuranceSupreme Court of Missouri · 1906
- Schuermann v. Union Central Life InsuranceSupreme Court of Missouri · 1901
- Salts v. Prudential InsuranceMissouri Court of Appeals · 1909
- Frazier v. Metropolitan Life InsuranceMissouri Court of Appeals · 1911
- Winn v. Modern Woodmen of AmericaMissouri Court of Appeals · 1911
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3Cited by5 opinions
- Guarantee Life Ins. Co. v. EvertCourt of Appeals of Texas · 1915
- Clarkston v. Metropolitan Life InsuranceMissouri Court of Appeals · 1915
- Bruck v. John Hancock Mutual Life InsuranceMissouri Court of Appeals · 1916
- Federal Life Ins. Co. v. RobertsSupreme Court of Oklahoma · 1923
- Guarantee Life Ins. Co. v. EvertCourt of Appeals of Texas · 1915