Legal Opinion

Missouri Valley Life Insurance v. Sturges

Supreme Court of Kansas

Decided January 15, 1877PublishedCited by 26 opinions

Error from Labette District Court. Action by Sturges to recover $2,000, the amount of a policy of insurance issued by the Missouri Valley Life Ins. Go. to one Enoch Haynes, and on the life of Haynes. The material facts are stated in the opinion, infra. Trial at the June Term 1874 of the district court. Yerdict and judgment for plaintiff, and the Insurance Company bring the case here on error.

1Opinion of the Court

The opinion of the court was delivered by

Yalentine, J.:

The only question involved in this case is, whether the defendant in error (plaintiff below) has a right to recover on a certain life-insurance policy. That the policy was valid when issued, and that the insured is dead, are facts admitted by the insurance company; but still the company claim that the plaintiff cannot recover, first, because the policy was forfeited prior to the death of the insured for non-payment of premiums; and second, because the plaintiff has no legal or valid interest in said insurance policy. We shall assume that…

Also in this document: Concurrence.

2Cases cited5 opinions

  1. Ruse v. . the Mutual Benefit Life Insurance CompanyNew York Court of Appeals · 1861
  2. Valton v. . the National Fund Life Assurance CompanyNew York Court of Appeals · 1859
  3. St. John v. . the American Mutual Life Insurance Co.New York Court of Appeals · 1855
  4. Franklin Life Insurance v. HazzardIndiana Supreme Court · 1872
  5. State v. WinnerSupreme Court of Kansas · 1876

3Cited by26 opinions

  1. Mutual Life Insurance v. AllenMassachusetts Supreme Judicial Court · 1884
  2. Price v. Supreme Lodge Knights of HonorTexas Supreme Court · 1887
  3. Exchange Bank v. LohSupreme Court of Georgia · 1898
  4. Helmetag's Adm'r v. MillerSupreme Court of Alabama · 1884
  5. Gordon v. Ware Nat. BankCourt of Appeals for the Eighth Circuit · 1904

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