Nichols v. Prudential Insurance Co. of America
Missouri Court of Appeals
Appeal from. Butler Circuit Court. — Son. J. G. Sheppard, Judge. (1) The court erred in refusing to give defendant’s declarations of law numbered 1, 2, 3, 4, 5, 6 and 8; when the insured failed to pay the semi-annual premium due on the 6th day of November, 1909, on said date, and failed to pay said premium for an additional sixty days after said date, then the policy of insurance sued upon was by its terms forfeited, and the plaintiff was only entitled to recover the sum…
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Appeal from. Butler Circuit Court. — Son. J. G. Sheppard, Judge. (1) The court erred in refusing to give defendant’s declarations of law numbered 1, 2, 3, 4, 5, 6 and 8; when the insured failed to pay the semi-annual premium due on the 6th day of November, 1909, on said date, and failed to pay said premium for an additional sixty days after said date, then the policy of insurance sued upon was by its terms forfeited, and the plaintiff was only entitled to recover the sum tendered into court by the defendant, to-wit, nineteen dollars and ninety-five cents ($19.95), with six per cent interest…
1Opinion of the Court
ROBERTSON, P. J. —
On March 27, 1911, plaintiff filed his petition as administrator of the estate *441of Bridget M. Rainey, in the circuit court, alleging that the defendant was at all of the times therein mentioned an insurance corporation organized under the laws of New Jersey and doing a life insurance business in this State; that on November 6, 1908, the defendant for a valuable consideration paid to it made, executed and delivered to the said Bridget M. Rainey its policy or contract of insurance whereby it became obligated to pay immediately, upon receipt of due proofs of her death, during…
2Cases cited5 opinions
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- Andrus v. Fidelity Mutual Life InsuranceSupreme Court of Missouri · 1902
- Polk v. Western Assurance Co.Missouri Court of Appeals · 1905
- Ball v. Royal InsuranceMissouri Court of Appeals · 1908
- Godwin v. National Council Knights & Ladies of SecurityMissouri Court of Appeals · 1912
3Cited by4 opinions
- Gaines v. Berkshire Life InsuranceMissouri Court of Appeals · 1933
- Pfingsten v. Franklin Life Insurance CompanySupreme Court of Missouri · 1959
- Lanowah Investment Co. v. John Hancock Mutual Life InsuranceMissouri Court of Appeals · 1942
- Jaggi v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1915