Wilkinson v. Metropolitan Life Insurance
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Cowrt. — Hon. Jacob Klein, Judge. The contract contained in the policy was not to pay to any person named in the application, but to the person or persons mentioned in condition fifth thereof. Metropolitan Life Ins.
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Appeal from the St. Louis City Circuit Cowrt. — Hon. Jacob Klein, Judge. The contract contained in the policy was not to pay to any person named in the application, but to the person or persons mentioned in condition fifth thereof. Metropolitan Life Ins. Co. v. Schaffer, 50. N. J. L. 72. By the very terms of the policy defendant had a discretion to pay to any one of the persons named in condition fifth thereof, and the production by the company of the policy and of a receipt signed by any one of them is conclusive and a good defense to plaintiff’s suit. Thomas v. Ins. Co., 24 Atl. Rep. 82;…
1Opinion of the CourtRombauer, P. J.
This case involves a small amount, but upon its decision depends the interpretation to be placed on the most important clause in certain policies of insurance, known as industrial insurance. The case, therefore, involves a proposition in the correct solution of which these insurance companies and the poorer classes of the community, who are its main patrons, are largely interested.
The defendant, who is an industrial insurance company, insured the life of one Eeierabend in the sum of $196, which sum was to be ratably reduced if the assured died within a year. Eeierabend, who was indebted to…
2Cases cited4 opinions
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Thomas v. Prudential Insurance Co. of AmericaSupreme Court of Pennsylvania · 1892
- Chapman v. Kansas City, Clinton & Springfield RailroadSupreme Court of Missouri · 1893
- Roy v. BotelerMissouri Court of Appeals · 1890
3Cited by7 opinions
- Jones v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1913
- Renfro ex rel. Jenkins v. Metropolitan Life InsuranceMissouri Court of Appeals · 1910
- Rollins v. Business Men's Accident Ass'n of AmericaMissouri Court of Appeals · 1920
- Krumphorn v. John Hancock Mut. Life Ins. Co.Court of Appeals of Kentucky (pre-1976) · 1938
- Metropolitan Life Insurance v. BurbankOhio Court of Appeals · 1914
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