Burns v. Metropolitan Life Insurance
Missouri Court of Appeals
Appeal from Linn Circuit Court. — Hon. Jno. P. Butler, Judge. (1) The proofs of death offered in evidence by respondents were admissible for no purpose except to show that proofs had been duly furnished; their contents were not admissible as evidence for respondents. 2 Bacon, Benefit Societies (3d Ed.), 471; Breckenridge v. Insurance Co., 87 Mo. 72; Baile v. Insurance Co., 73 Mo. 371. (2) Sections 7890 and 7891 of the Revised Statutes 1899, have no application to the defense…
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Appeal from Linn Circuit Court. — Hon. Jno. P. Butler, Judge. (1) The proofs of death offered in evidence by respondents were admissible for no purpose except to show that proofs had been duly furnished; their contents were not admissible as evidence for respondents. 2 Bacon, Benefit Societies (3d Ed.), 471; Breckenridge v. Insurance Co., 87 Mo. 72; Baile v. Insurance Co., 73 Mo. 371. (2) Sections 7890 and 7891 of the Revised Statutes 1899, have no application to the defense sought to be made by appellant. The manifest aim and effect of these sections was to prevent forfeitures of all rights…
1Opinion of the CourtEllison, J.
Defendant issued to one John O’Neil a policy of life insurance, agreeing, upon certain conditions to pay upon bis death, to bis two daughters, the sum of five hundred dollars. He paid the premiums until his death. Defendant tendered $291.33 in full discharge of the amount due on the policy. The tender was refused and this action was brought. The tender was kept good. The trial court rendered judgment for the plaintiffs for the full face of the policy, and defendant appealed.
The written application of O’Neil for the policy stated that he was sixty-five years of age, and the premiums required…
2Cited by9 opinions
- Langan v. United States Life InsuranceSupreme Court of Missouri · 1939
- Lynch v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1910
- Coscarella v. Metropolitan Life InsuranceMissouri Court of Appeals · 1913
- O'Maley v. the Northwestern Mut. Life Ins. Co.Missouri Court of Appeals · 1936
- Reed v. Travelers InsuranceMissouri Court of Appeals · 1933
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