Cunningham v. Union Casualty & Surety Co.
Missouri Court of Appeals
Appeal from the Jasper Circuit Court.— Hon. J. D. Perlcins, Judge. (1) The delivery by plaintiff of his indemnity claim and release, and the payment made him therefor, by defendant, were in compromise and settlement of all the former’s claims for injuries growing out of the accident to him, and bar this action. Hinkle v. Railroad, 31 Minn. 434; 18 N. W. Rep. 275; Retzer v. Packing Co., 58 Mo.
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Appeal from the Jasper Circuit Court.— Hon. J. D. Perlcins, Judge. (1) The delivery by plaintiff of his indemnity claim and release, and the payment made him therefor, by defendant, were in compromise and settlement of all the former’s claims for injuries growing out of the accident to him, and bar this action. Hinkle v. Railroad, 31 Minn. 434; 18 N. W. Rep. 275; Retzer v. Packing Co., 58 Mo. App. 264; Homuth v. Railroad, 129 Mo. 629; Updegrave v. Railroad, 7 L. R. A. (Pa.) 213. (2) Plaintiff’s claim against defendant on account of the accident was liquidated. Coal Co. v. St. Louis, 145 Mo.…
1Opinion of the CourtSmith, P. J.
The defendant executed and delivered to plaintiff an accident insurance'policy, by the terms of which the former insured the latter against bodily injuries sustained •through external, violent and accidental means, and thereby bound itself to pay the indemnity provided in the schedule thereto, as follows:
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“(O) Or, if loss by actual severance at or above the wrist or ankle of one hand or of one foot shall so result within ninety days, the company will pay one-third the principal sum before named, which payment shall terminate the policy and discharge the company.
*610“(D) Or, if the irrecoverable…
2Cases cited12 opinions
- Union Railroad & Transportation Co. v. TraubeSupreme Court of Missouri · 1875
- LaForce v. Williams City Fire InsuranceMissouri Court of Appeals · 1891
- Farrington v. PayneNew York Supreme Court · 1818
- Moran v. PlankintonSupreme Court of Missouri · 1876
- Redfield v. . Holland Purchase Ins. Co.New York Court of Appeals · 1874
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Block v. United States Fidelity & Guaranty Co.Supreme Court of Missouri · 1926
- State Ex Rel. Security Mutual Life Insurance v. AllenSupreme Court of Missouri · 1924
- Vineseck v. Great Northern Railway Co.Supreme Court of Minnesota · 1917
- Fidelity & Casualty Co. v. LoganCourt of Appeals of Kentucky · 1921
- Howell v. Security Mutual Life InsuranceMissouri Court of Appeals · 1923
5 more not listed; retrieve them via the Exa API.