Summers v. Metropolitan Life Ins.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. William Zachritz, Judge. (1) The instructions are inconsistent and conflicting. Those given for plaintiff' are erroneous. 2 Patt. Compl. Dig.; p. 1755, sec. 330, and numerous cases cited. (2) The motion for a new trial should, have been sustained on the ground of newly-discovered evidence. Longdon v. Kelly, 51 App. 573. (3) The court erred in ruling upon the admission and exclusion of evidence.
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Appeal from St. Louis City Circuit Court. — Hon. William Zachritz, Judge. (1) The instructions are inconsistent and conflicting. Those given for plaintiff' are erroneous. 2 Patt. Compl. Dig.; p. 1755, sec. 330, and numerous cases cited. (2) The motion for a new trial should, have been sustained on the ground of newly-discovered evidence. Longdon v. Kelly, 51 App. 573. (3) The court erred in ruling upon the admission and exclusion of evidence. (1) The instructions for plaintiff are properly based on section 5849, Revised Statutes 1889 • (sec. 7890, R. S. 1899), and conforms to the construction…
1Opinion of the CourtBarclay, J.
This action is upon an insurance policy for three thousand dollars, issued by defendant on the life of Dr. Summers, plaintiffs husband, in November, 1898. He died by his own hand, in June, 1899. Plaintiff brought suit in the ordinary form for the amount of the policy, shortly afterwards.
The defenses put in by the answer were:
Eirst. That the policy was issued upon conditions and warranties which deceased did not fulfill or keep.
Second. That Dr. Summers committed suicide within two years from the issuance of the policy. The terms of the policy excluded suicide within that period from the risks…
2Cases cited30 opinions
- Kountze v. . KennedyNew York Court of Appeals · 1895
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Smith v. National Benefit SocietyNew York Court of Appeals · 1890
- Aull Savings Bank v. Aull's AdministratorSupreme Court of Missouri · 1883
- Christian v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1898
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3Cited by9 opinions
- Grand Lodge of United Brothers of Friendship & Sisters of Mysterious Ten v. Massachusetts Bonding & InsuranceSupreme Court of Missouri · 1930
- McFern v. GardnerMissouri Court of Appeals · 1906
- New York Life Ins. Co. v. CalhounCourt of Appeals for the Eighth Circuit · 1940
- Lynch v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1910
- Pacific Mut. Life Ins. Co. v. HayesSupreme Court of Alabama · 1917
4 more not listed; retrieve them via the Exa API.