Misselhorn v. Mutual Reserve Fund Life Ass'n
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Hon. George W. Lubke, Judge. Although the printed clauses of the application and certificate required a delivery of the certificate to the-insured in person during his life, this condition was-waived by the written clauses that the plaintiff was the-beneficiary, and by the fact that the defendant delivered, the policy to the plaintiff. 2 Wood on Fire Ins. [ 2 Ed.] 170 ; May on Ins., sec. 239 ; Archer v. Ins.
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Appeal from the St. Louis Circuit Court, Hon. George W. Lubke, Judge. Although the printed clauses of the application and certificate required a delivery of the certificate to the-insured in person during his life, this condition was-waived by the written clauses that the plaintiff was the-beneficiary, and by the fact that the defendant delivered, the policy to the plaintiff. 2 Wood on Fire Ins. [ 2 Ed.] 170 ; May on Ins., sec. 239 ; Archer v. Ins. Co., 43 Mo. 434; Steinbach v. Ins. Co., 54 N. Y. 90. The-application and certificate so far as they relate to the delivery of the certificate are…
1Opinion of the CourtPeers, J.
On the fourteenth day of December, 1885, George W. Misselhorn made and presented to the defendant’s, agent at St. Louis his written application for membership in the defendant corporation, and for a certificate of insurance for the sum of two thousand dollars, payable to the plaintiff in this case. On the same day defendant’s agent forwarded said application to the-home office of the defendant at the City of New York. The said application was duly approved and the certificate of insurance sued on herein written on the twenty-second day of December, 1885. The certificate of insurance was, on…
2Cases cited3 opinions
- Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
- Badger v. American Popular Life InsuranceMassachusetts Supreme Judicial Court · 1869
- Noyes v. Phœnix Mutual Life InsuranceMissouri Court of Appeals · 1876
3Cited by7 opinions
- Stephens v. Metropolitan Life InsuranceMissouri Court of Appeals · 1915
- Bell v. Missouri State Life InsuranceMissouri Court of Appeals · 1912
- American Bankers' Ins. Co. v. ThomasSupreme Court of Oklahoma · 1915
- Modern Woodmen of America v. OwensCourt of Appeals of Texas · 1910
- Michigan Mutual Life Insurance v. ThompsonIndiana Court of Appeals · 1908
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