McLeod v. John Hancock Mutual Life Insurance
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. • (1) (a) The policy in suit provides for an unconditional cash surrender value. This cash surrender value is all that plaintiff was entitled to, and this was tendered. See. 6949, R..S. 1909; Epperson v. Ins. Co., 90 Mo. App. 432; Nichols v. Mut. L. I. Co., 176 Mo. 355; Fahle v. Ins. Co., 155 Mo. App. 15; Chandler v. Ins. Co., 180 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. • (1) (a) The policy in suit provides for an unconditional cash surrender value. This cash surrender value is all that plaintiff was entitled to, and this was tendered. See. 6949, R..S. 1909; Epperson v. Ins. Co., 90 Mo. App. 432; Nichols v. Mut. L. I. Co., 176 Mo. 355; Fahle v. Ins. Co., 155 Mo. App. 15; Chandler v. Ins. Co., 180 Mo. App. 394. (b) The court will enforce the contract made by the parties and will not substitute another and different contract. The policy provided for a cash surrender value after default,…
1Opinion of the CourtNortoni, J.
This is a suit on a policy of life insurance. Plaintiff recovered and defendant prosecutes the appeal.
Plaintiff is the widow of the insured, John N. McLeod, and beneficiary in the policy sued on. The policy is in amount $250, and was issued on October 7, 1903, for a stipulated premium of thirty-four cents to- be paid weekly. Insured paid all of the premiums on the policy to and including the 18th day of August, 1909 — that is, for a period of five years, ten months and eleven days. The policy was applied for and delivered in this State and the case concedes it a Missouri contract. The rights…
2Cases cited4 opinions
- Cravens v. New York Life InsuranceSupreme Court of Missouri · 1899
- Smith v. Mutual Benefit Life InsuranceSupreme Court of Missouri · 1903
- Chandler v. John Hancock Mutual Life InsuranceMissouri Court of Appeals · 1914
- Paschedag v. Metropolitan Life InsuranceMissouri Court of Appeals · 1911
3Cited by4 opinions
- Shearlock v. Mutual Life InsuranceMissouri Court of Appeals · 1916
- Milburn v. Royal Union Mutual Life InsuranceMissouri Court of Appeals · 1921
- Ross v. Capitol Life Insurance Co.Missouri Court of Appeals · 1920
- Columbian Nat. Life Ins. v. GriffithCourt of Appeals for the Eighth Circuit · 1934