Liebing v. Mutual Life Insurance
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Charles B, Davis, Judge, (1) The court erred in overruling the objection to the introduction of any evidence and the demurrers to the evidence offered at the close of plaintiff’s case and of the entire case; for this suit was based upon Sec. 7897, R. S. 1899, and said statute, if construed and applied so as to prevent the defendant from deducting the entire indebtedness on the policy from three-fourths of the net reserve, or…
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Appeal from St. Louis City Circuit Court. — Hon. Charles B, Davis, Judge, (1) The court erred in overruling the objection to the introduction of any evidence and the demurrers to the evidence offered at the close of plaintiff’s case and of the entire case; for this suit was based upon Sec. 7897, R. S. 1899, and said statute, if construed and applied so as to prevent the defendant from deducting the entire indebtedness on the policy from three-fourths of the net reserve, or so as to invalidate the loan agreement and pledge entered into between insured, plaintiff and defendant in this case., is…
1Opinion of the Court
BOND J.
This is the second appeal in this ease. On the former appeal the question presented was the propriety of an adverse instruction, under the constraint of which plaintiff took a nonsuit with leave to move to set it aside. The evidence in the case and the points then in judgment are set 'out in 269 Mo. 509.
Upon the remand of the former appeal the pleadings were reformed, and submitted, among other issues, the applicability of the statutes of Missouri to a loan agreement made by the assured with defendant, secured by a pledge of the policy in suit.
The loan agreement, of date October 12,…
2Cases cited8 opinions
- Scudder v. Union National BankSupreme Court of the United States · 1875
- Equitable Life Assurance Society v. ClementsSupreme Court of the United States · 1891
- Texas & Pacific Railway Co. v. American Tie & Timber Co.Supreme Court of the United States · 1914
- New York Life Insurance v. CravensSupreme Court of the United States · 1900
- New York Life Insurance v. HeadSupreme Court of the United States · 1914
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Binkley Company v. Teledyne Mid-America CorporationDistrict Court, E.D. Missouri · 1971
- Logan v. Missouri Valley Bridge & Iron Co.Supreme Court of Arkansas · 1923
- Sauder v. DittmarCourt of Appeals for the Tenth Circuit · 1941
- State Ex Rel. River Corp. v. State Tax CommissionSupreme Court of Missouri · 1973
- Asel v. Order of United Commercial Travelers of AmericaSupreme Court of Missouri · 1946
12 more not listed; retrieve them via the Exa API.