Legal Opinion

Manning v. Prudential Insurance

Missouri Court of Appeals

Decided July 11, 1919PublishedCited by 15 opinions

Appeal from the Circuit Court of the City of St. Louis. Hon. Leo. 8. Bassieur, Judge. (1) The court erred in admitting in evidence the policy in suit and in overruling’ the demurred to the evidence offered at the clise of plaintiff’s case and at the close of the whole case, for the policy was payabJe only to the executors or administrators of the insured and the plaintiff had not qualified as such and was not entitled to sue. Floyd v. Prudential Ins. Co., 72 Mo.

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Appeal from the Circuit Court of the City of St. Louis. Hon. Leo. 8. Bassieur, Judge. (1) The court erred in admitting in evidence the policy in suit and in overruling’ the demurred to the evidence offered at the clise of plaintiff’s case and at the close of the whole case, for the policy was payabJe only to the executors or administrators of the insured and the plaintiff had not qualified as such and was not entitled to sue. Floyd v. Prudential Ins. Co., 72 Mo. App. 455; Braley v. Prudential Ins. Co., 187 Mass. 226; Prudential Ins. Co. v. Godfrey, 75 N. J. Eq. 484; Nolan v. Prudential Ins.…

1Opinion of the CourtAllen, J.

This is an action, instituted before a justice of the peace, on a policy of life insurance is-' sued by defendant insuring the life of Jesse Manning, a brother of the plaintiff. The contract of insurance is what is termed an “industrial policy,” whereby, in consideration of a weekly premium of fifteen cents, the defendant agreed to pay the sum of $288 upon the death of the insured (or one'-half that amount if the insured died within six months after the issuance of the ■ policy”) to the executors or administrators of the insured, unless payment were made under the provisions of the so-called…

2Cases cited10 opinions

  1. Smart v. Kansas CitySupreme Court of Missouri · 1907
  2. Lewis v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1901
  3. Ferretti v. Prudential Insurance Co. of AmericaAppellate Terms of the Supreme Court of New York · 1906
  4. Heubner v. Metropolitan Life InsuranceAppellate Court of Illinois · 1909
  5. Bruck v. John Hancock Mutual Life InsuranceMissouri Court of Appeals · 1916

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3Cited by15 opinions

  1. Kirk v. Metropolitan Life InsuranceSupreme Court of Missouri · 1935
  2. Metropolitan Life Ins. v. ChappellTennessee Supreme Court · 1924
  3. Craig v. Metropolitan Life InsuranceMissouri Court of Appeals · 1927
  4. Doty v. the Western Southern Life Ins. Co.Missouri Court of Appeals · 1929
  5. United States v. ChavezCourt of Appeals for the Tenth Circuit · 1936

10 more not listed; retrieve them via the Exa API.

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