Dolan v. Royal Neighbors of America
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. (1) The contract expressly provides that suit, if brought on the contract, must be brought within one year after the date of the death of the member. The contract, being made in the State of Illinois, between parties citizens of that State, and to be performed there, its validity must be determined by the law of Illinois. Roach v. Type Foundry, 21 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. (1) The contract expressly provides that suit, if brought on the contract, must be brought within one year after the date of the death of the member. The contract, being made in the State of Illinois, between parties citizens of that State, and to be performed there, its validity must be determined by the law of Illinois. Roach v. Type Foundry, 21 Mo. App. 118. The stipulation has been held valid by the courts of Illinois. Ins. Co. v. Whitehill, 25 111. 466; Life Ass’n v. Treat, 98 111. App. 59. (2) Stipulations limiting…
1Opinion of the CourtNortoni, J.
(after stating the facts). — It would be entirely proper to pass over the matter of whether the stipulation in the contract providing- a limitation of one year upon the time for instituting suit is valid or invalid, and affirm the judgment of the trial court in granting a new trial for the reason that it erred in excluding plaintiff’s offer of proof that Myrtle E. Dade, beneficiary recorder of the order, promised the plaintiff, within the year mentioned, that his claim should be paid and requested him not to sue therefor, but counsel representing either party have requested that we give an…
2Cases cited14 opinions
- Pritchard v. NortonSupreme Court of the United States · 1882
- Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
- Riddlesbarger v. Hartford InsuranceSupreme Court of the United States · 1869
- Peoria Marine & Fire Insurance v. WhitehillIllinois Supreme Court · 1861
- Keim v. Home Mutual Fire & Marine InsuranceSupreme Court of Missouri · 1867
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3Cited by9 opinions
- Lumbermen's Mutual Casualty Company, a Corporation v. Norris Grain Company, a Tennessee Corporation, and Norris Grain Company, an Illinois CorporationCourt of Appeals for the Eighth Circuit · 1965
- Asel v. Order of United Commercial Travelers of AmericaSupreme Court of Missouri · 1946
- Order of United Commercial Travelers of America v. MeinsenCourt of Appeals for the Eighth Circuit · 1942
- Hay v. Bankers Life Co.Missouri Court of Appeals · 1921
- Hornick v. First Catholic Slovak UnionSupreme Court of Kansas · 1924
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