Hay v. Bankers Life Co.
Missouri Court of Appeals
Appeal from the Circuit Court of Clark County. — Hon. N. M. Peitingill, Judge. (1) The defense that the suit was not brought within the one-year period required by the policy must fail, because, (a) The statute of Illinois (Laws 1907, p. 370, sec. 2, Subd. 1, id.; Hurd’s 1915-1916 111. Rev. Stat.,. p. 1528, sec. 208v, Subd. 1), which is the same with respect to insurance policies as the statutory law of Missouri, is with respect to contracts genérally (Mo.
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Appeal from the Circuit Court of Clark County. — Hon. N. M. Peitingill, Judge. (1) The defense that the suit was not brought within the one-year period required by the policy must fail, because, (a) The statute of Illinois (Laws 1907, p. 370, sec. 2, Subd. 1, id.; Hurd’s 1915-1916 111. Rev. Stat.,. p. 1528, sec. 208v, Subd. 1), which is the same with respect to insurance policies as the statutory law of Missouri, is with respect to contracts genérally (Mo. R. S. 1909, sec. 2780), nullifies policy provisions limiting the time within which suits may be commenced to less than three years after…
1Opinion of the CourtBecker, J.
This is a suit on two certificates of membership issued by the Bankers Life Association of Des Moines, Iowa, on March' 22, 1898, to Nathaniel Hay, of Springfield, Illinois, for $2,000 each, and a guarantee deposit of $42 on each certificate.
The case was tried to the court without a jury and resulted in a judgment for the defendant on each of the counts. Plaintiffs in due course appeals.
The petition is in two counts and judgment was asked for $2042 and interest on each count.
The answer pleads forfeiture of both of said certificates for the reason that an assessment due in January, 1915,…
Also in this document: Concurrence.
2Cases cited29 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Home Benefit Assn. v. SargentSupreme Court of the United States · 1892
- Thompson v. Traders' InsuranceSupreme Court of Missouri · 1902
- Mulroy v. Supreme Lodge of the Knights of HonorMissouri Court of Appeals · 1888
- Stokes v. . StokesNew York Court of Appeals · 1898
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3Cited by13 opinions
- Cummings v. Conn. Gen. Life Ins. Co.Supreme Court of Vermont · 1930
- South Side Plumbing Co. v. TiggesMissouri Court of Appeals · 1975
- Bauldin v. Barton County Mutual Ins. Co.Missouri Court of Appeals · 1984
- Waters v. Bankers Life Assn.Missouri Court of Appeals · 1932
- Germania Fire Ins. v. Fort Worth Grain & Elevator Co.Court of Appeals of Texas · 1925
8 more not listed; retrieve them via the Exa API.