Thetford v. General Accident Assurance Corp.
Missouri Court of Appeals
Appea.1 from Jasper Circuit Court. — Hon. Henry L. Bright, Judge. (1) The court erred in admitting oral testimony to show that certain matters growing out of plaintiff’s alleged accident were not included in the settlement between plaintiff and defendant made on February 19, 1908. The Cayuga, 59 Fed. 485; Pierson v. Hooker, 3 Am. Dec. 467; Duff y. Hutchinson, 57 Hun 152, 10 N. Y. Supp. 857; Slayton v. ITemken, 91 Hun 582, 36 N. Y. Supp. 249; Tate y. Railroad, 131 Mo.
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Appea.1 from Jasper Circuit Court. — Hon. Henry L. Bright, Judge. (1) The court erred in admitting oral testimony to show that certain matters growing out of plaintiff’s alleged accident were not included in the settlement between plaintiff and defendant made on February 19, 1908. The Cayuga, 59 Fed. 485; Pierson v. Hooker, 3 Am. Dec. 467; Duff y. Hutchinson, 57 Hun 152, 10 N. Y. Supp. 857; Slayton v. ITemken, 91 Hun 582, 36 N. Y. Supp. 249; Tate y. Railroad, 131 Mo. App. 107; Carpenter y. Jamison, 6 Mo. App. 216, 75 Mo. 285; Clarke y. Shrimski, 77 Mo. App. 170; Construction Co.y.Hayes, 191…
1Opinion of the CourtGray, J.
This cause is here on appeal by the defendant, from a judgment of $160 against it, rendered by the circuit court of Jasper county, in a trial before the court without a jury.
The suit was commenced on the 19th day of November, 1908, and the plaintiff alleges that on the 2nd day of June, 1906, ¡appellant delivered to him an insurance policy, insuring him against total disability by reason of accident, and agreeing to pay, in case of such disability, the sum of $60 per month, for a period of not exceeding twenty-four consecutive' months; that on 28th day of January, 1908, while in the act of…
2Cases cited3 opinions
- Deutmann v. KilpatrickMissouri Court of Appeals · 1891
- Puckett v. National Annuity Ass'nMissouri Court of Appeals · 1908
- Blanke v. DunnermannMissouri Court of Appeals · 1896
3Cited by4 opinions
- Allen v. National Life & Accident InsuranceMissouri Court of Appeals · 1934
- Thompson v. Granite Bituminous Paving Co.Missouri Court of Appeals · 1918
- Pittsburg Steel Co. v. CottenginMissouri Court of Appeals · 1914
- Ætna Life Insurance v. PhiferSupreme Court of Arkansas · 1923