Orthwein v. Germania Life Insurance
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) Plaintiff bas not stated a cause of action-unless the allegations of the petition are sufficient for reliance on section 6944, Revised Statutes 1909. Blum v. Ins. Co., 197 Mo. 513. (2) The Missouri statutes have no extra-territorial effect.
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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) Plaintiff bas not stated a cause of action-unless the allegations of the petition are sufficient for reliance on section 6944, Revised Statutes 1909. Blum v. Ins. Co., 197 Mo. 513. (2) The Missouri statutes have no extra-territorial effect. The petition is silent as to where the policies were executed or delivered, and contains no allegations to show the policies were governed by any of the laws or statutes of Missouri. For aught appearing, the policies were executed in New York or some other State or country, and…
1Opinion of the CourtLamm, C. J.
Defendants unsuccessfully demurred to a second amended petition, and (standing on their demurrer, refusing to plead over and suffering judgment on the merits) appealed.
Appellant insurance company joining in the appeal but not in the abstract and brief, we assume it stands indifferent and neutral between plaintiff and its co-defendant. As it has to respond in any event, an adjudication vesting title to the policy fund in one or the other protects it.
The caption of the amended petition (said to be of significance on a question presently dealt with) runs: “State of Missouri, City of St. Louis,…
2Cases cited4 opinions
- Cravens v. New York Life InsuranceSupreme Court of Missouri · 1899
- Blum v. New York Life InsuranceSupreme Court of Missouri · 1906
- Haven v. Home InsuranceMissouri Court of Appeals · 1910
- Benton v. BrownSupreme Court of Missouri · 1823
3Cited by12 opinions
- Commerce Trust Company v. WeedSupreme Court of Missouri · 1958
- Bidwell v. ScheeleAlaska Supreme Court · 1960
- State ex rel. Knisely v. HoltcampSupreme Court of Missouri · 1915
- Kristanik v. Chevrolet Motor Co.Supreme Court of Missouri · 1934
- Robbins v. RobbinsSupreme Court of Missouri · 1971
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