Arensmeyer v. Metropolitan Life Insurance
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. ■ (1) The reference in this cause was erroneous, (a) Reference is a matter of purely statutory right, and unless the case in which it is asked or in which it is granted is within the statute, the parties not consenting, the court has no power to grant it. Tool Co. v. Spring Co., 146' Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. ■ (1) The reference in this cause was erroneous, (a) Reference is a matter of purely statutory right, and unless the case in which it is asked or in which it is granted is within the statute, the parties not consenting, the court has no power to grant it. Tool Co. v. Spring Co., 146' Mo. App-. 31; Ice Co. v. Tamm, 138 Mo. 385. (h) As the statute (Sec. 1996, R. S. 1909) is an exception to the right of trial by jury, this court will not extend its meaning; a case should clearly appear to fall within the letter and principle of…
1Opinion of the Court
BLAIR, C.
Defendant is a life insurance company. Plaintiff entered its employ in 1888, and in 1893 became one of its district superintendents and served in that capacity in different districts until August 13, 1904, when his, connection with the company was severed.- He brings this action to recover renewal commissions on premiums on certain life insurance policies., issued during bis superintendency over the St. Louis, North, and the Joliet districts of which he had charge, successively, just prior to his .leaving the company’s service.
There was a judgment for defendant, and plaintiff…
2Cases cited6 opinions
- Heyn v. . New York Life Ins. Co.New York Court of Appeals · 1908
- Hercules Mutual Life Assurance Society of the United States v. BrinkerNew York Court of Appeals · 1879
- King v. RaleighMissouri Court of Appeals · 1903
- Burleson v. Northwestern Mutual InsuranceCalifornia Supreme Court · 1890
- Michigan Mutual Life Insurance v. ColemanTennessee Supreme Court · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Baker v. Missouri National Life Insurance CompanyMissouri Court of Appeals · 1963
- American National Insurance v. KeitelSupreme Court of Missouri · 1945
- Locher v. New York Life InsuranceMissouri Court of Appeals · 1919
- State Ex Rel. Studebaker Corp. of America v. TrimbleSupreme Court of Missouri · 1922
- Phillips v. American National Assurance Co.Missouri Court of Appeals · 1933
1 more not listed; retrieve them via the Exa API.