Bruer v. Kansas Mutual Life Insurance
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Ron. James Gibson, Judge. (1) It is a'well established rule of law that when a contract is illegal or immoral or contrary to public policy, the parties being in pari delicto, melior est conditio de defendentis, neither can recover from the other money paid under the contract or maintain an action to enforce the contract. Ins.
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Appeal from Jackson Circuit Court. — Ron. James Gibson, Judge. (1) It is a'well established rule of law that when a contract is illegal or immoral or contrary to public policy, the parties being in pari delicto, melior est conditio de defendentis, neither can recover from the other money paid under the contract or maintain an action to enforce the contract. Ins. Co. v. Barker (Iowa), 77 N. W. 868; Citing Morawetz on Corporations; Hener v. Carmichael, 82 Iowa 290; s. c., 47 N. W. 1034; Peatmant v. Power Co., 100 Iowa 245; s. c., 69 N. W. 541; Bank v. Kennedy, 169 U. S. 362; 2 Story Equity…
1Opinion of the CourtEllison, J.
The defendant issued a life insurance policy whereby it insured the life of Mrs. Mercy A. Carey in favor of her son C. E. Carey in the sum of $3,000. Afterwards, Mrs. Carey and her son assigned the policy to plaintiff. On the day of the assignment, and in connection with it, plaintiff and C. E. Carey entered into a contract whereby it was agreed that plaintiff should pay the premiums on said policy and on the death of Mrs. Carey he should secure $2,000 of the sum payable in! the policy and C. E. _Carey should receive the remaining $1,000. Under this contract, plaintiff paid to the company…
2Cited by5 opinions
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