Carter v. Metropolitan Life Insurance
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Kent K. Koerner, Judge. (1) The court erred in sustaining plaintiff’s demurrer to defendant’s cross-hill. The averments of the cross-bill stated a cause of action in equity, based upon the fraudulent conduct of the plaintiff, and, if true, established conclusively that no valid contract of insurance had ever been entered into and that the policy on which plaintiff was suing should be canceled. Barrington v. Ryan, 88 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Kent K. Koerner, Judge. (1) The court erred in sustaining plaintiff’s demurrer to defendant’s cross-hill. The averments of the cross-bill stated a cause of action in equity, based upon the fraudulent conduct of the plaintiff, and, if true, established conclusively that no valid contract of insurance had ever been entered into and that the policy on which plaintiff was suing should be canceled. Barrington v. Ryan, 88 Mo. App. 95; Whitmore v. Supreme Lodge, 100 Mo. 46; Pacific Mutual v. Glaser, 245 Mo. 390; Gardner v. North State Co., 163 N. C.…
1Opinion of the CourtWalker, J.
This is an action brought by plaintiff as administrator on a life insurance policy, alleged to have been issued by defendant to one Delmar Ridge-way. Upon the sustaining of 'a demurrer to defendant’s answer, except as to its general denial, and its refusal to plead further, the plaintiff made formal proof and the court directed a verdict in his favor in the amount of the policy. Prom this judgment the defendant appeals.
The petition contains all the formal averments necessary to a pleading of this character.
The answer consists, first, of a general denial; second, a special defense, and…
2Cases cited14 opinions
- Doyle v. Missouri, Kansas & Texas Trust Co.Supreme Court of Missouri · 1897
- Cohn v. LehmanSupreme Court of Missouri · 1887
- State ex rel. Rose v. JobSupreme Court of Missouri · 1907
- Wendover v. BakerSupreme Court of Missouri · 1894
- Rogers v. WolfeSupreme Court of Missouri · 1890
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Kirk v. Metropolitan Life InsuranceSupreme Court of Missouri · 1935
- Wollums Ex Rel. Wollums v. Mutual Benefit Health & Accident Ass'nMissouri Court of Appeals · 1931
- State Ex Rel. John Hancock Mutual Life Insurance v. AllenSupreme Court of Missouri · 1926
- State Ex Rel. Metropolitan Life Insurance v. AllenSupreme Court of Missouri · 1925
- State Ex Rel. State Highway Commission v. Kansas City Power & Light Co.Missouri Court of Appeals · 1937
6 more not listed; retrieve them via the Exa API.