Reed v. Painter
Supreme Court of Missouri
JError to Cape Girardeau Circuit Court. — Hon. H. C. O’Bryan, Judge. (1) The insurance on the life of John H. Clark was procured by his wife, Caroline, and by the terms of the policy as well as under the provisions of section 15, chapter 115, General Statutes, 1865, the proceeds were payable to her. The heirs of the husband had no interest in the fund. G. S. 1865, p. 464, sec. 15; 2 Wag.
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JError to Cape Girardeau Circuit Court. — Hon. H. C. O’Bryan, Judge. (1) The insurance on the life of John H. Clark was procured by his wife, Caroline, and by the terms of the policy as well as under the provisions of section 15, chapter 115, General Statutes, 1865, the proceeds were payable to her. The heirs of the husband had no interest in the fund. G. S. 1865, p. 464, sec. 15; 2 Wag. Stat. 1872, p. 936, sec. 15; 2 R. S. 1879, sec. 5978; 2 R. S. 1889, sec. 5851; Baker v. Young, 47 Mo. 453. (2) Plaintiff’s claim to an interest in the insurance money is based upon section 18, chapter 115,…
1Concurrence · GanttGantt, P. J.
(concurring). — I concur in reversing the judgment of the circuit court because, in my opinion, there was no substantial evidence upon which the circuit court was authorized to render a decree that John Painter had wrongfully, fraudulently or otherwise converted the property of plaintiffs to his use. But I do not agree in overruling Baker v. Young, 47 Mo. 453.
That decision was rendered in 1871 by a unanimous court, and was a direct construction of both sections 15 and 18 and it was then distinctly adjudged that the children of the wife, for whose benefit the husband’s life had been insured,…
Also in this document: Concurrence · Sherwood.
2Cases cited4 opinions
- Easton v. CourtwrightSupreme Court of Missouri · 1884
- Handlin v. Morgan CountySupreme Court of Missouri · 1874
- Baker v. YoungSupreme Court of Missouri · 1871
- Wanschaff v. Masonic Mutual Benefit SocietyMissouri Court of Appeals · 1890