Crowder v. ContinentaL Casualty Co.
Missouri Court of Appeals
Appeal from Gentry Circuit Court. — Hon. William C. Ellison, Judge. (1) Defendant’s objection to tbe introduction of any evidence under tbe pleadings should have been sustained. Plaintiff cannot maintain this suit without first returning to defendant the nine dollars or at least offering to return it. Oahn v. Reid, 18 Mo. App. 115; Alexander v. Railroad, 54 Mo. App. 66; Retzer v. Packing Co., 58 Mo. App. 264; Banking Co. v. Ins. Co., 75 Mo.
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Appeal from Gentry Circuit Court. — Hon. William C. Ellison, Judge. (1) Defendant’s objection to tbe introduction of any evidence under tbe pleadings should have been sustained. Plaintiff cannot maintain this suit without first returning to defendant the nine dollars or at least offering to return it. Oahn v. Reid, 18 Mo. App. 115; Alexander v. Railroad, 54 Mo. App. 66; Retzer v. Packing Co., 58 Mo. App. 264; Banking Co. v. Ins. Co., 75 Mo. App. 311; Robinson v. Siple, 129 Mo. 208; Estes y. Reynolds, 75 Mo. 563; Taylor v. Short, 107 MO'. 384; Och y. Railroad, 130 Mo. 27; Carson v. Smith, 133…
1Opinion of the CourtEllison, J.
— The plaintiff’s husband took from defendant an insurance policy for $1,000, which in case of his death, as the result of an accident, was.to be paid to plaintiff. Her husband was a railroad employee and was killed in a wreck on August 1,1903. Defendant refusing to pay, suit was brought and judgment recovered in the trial court.
It appears that the policy was for yearly periods at $36 premium with provisions for renewal, and that deceased had taken it out something more than a year prior to his death. It was renewed in accordance with its terms, for another year. The renewal provided for four…
2Cases cited7 opinions
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- Andrus v. Fidelity Mutual Life InsuranceSupreme Court of Missouri · 1902
- Goodson v. National Masonic Accident Ass'nMissouri Court of Appeals · 1902
- Anthony v. German American InsuranceMissouri Court of Appeals · 1892
- Loeb v. American Central InsuranceSupreme Court of Missouri · 1889
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3Cited by4 opinions
- Clark v. John Hancock Mutual Life InsuranceMissouri Court of Appeals · 1933
- Occidental Life Ins. v. EilerCourt of Appeals for the Eighth Circuit · 1942
- Putnam v. BoyerMissouri Court of Appeals · 1913
- Laxton v. Retail Hardware Mutual Fire InsuranceMissouri Court of Appeals · 1932