Wanschaff v. Masonic Mutual Benefit Society
Missouri Court of Appeals
Appeal from the Atchison Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1 ) At the time said transfer of said policy was made the said plaintiff was sui juris, and had full and complete power and authority to enter into the contract and make said transfer ; and her action in the premises was binding on her, and she was not prevented nor prohibited from assigning and transferring said policy by the provision oí section 5891, chapter 119, Revised Statutes of Missouri, 1879.…
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Appeal from the Atchison Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1 ) At the time said transfer of said policy was made the said plaintiff was sui juris, and had full and complete power and authority to enter into the contract and make said transfer ; and her action in the premises was binding on her, and she was not prevented nor prohibited from assigning and transferring said policy by the provision oí section 5891, chapter 119, Revised Statutes of Missouri, 1879. Baker v. Young, 47 Mo. 453, construing section 18, General Statutes,' 1865, which is identical with section 5891 of…
1Opinion of the CourtSmith, P. J.
This was a suit brought in the circuit court of Atchison county by the plaintiff against the defendant insurance company to recover the sum of twenty-five hundred dollars on a policy of insurance, which had been effected in said company upon the life of her husband, who had subsequently died while the same was in force. The petition alleged that the defendant bank had the policy of insurance in its possession, though it had no right or title thereto. The answer of-the defendant insurance company admitted the allegations in the plaintiff’s petition, but further alleged as an excuse for not…
2Cases cited12 opinions
- Ballou v. GileWisconsin Supreme Court · 1880
- Whilden & Sons v. Merchants' & Planters' National BankSupreme Court of Alabama · 1879
- Snell v. HarrisonSupreme Court of Missouri · 1884
- Hamilton v. PitcherSupreme Court of Missouri · 1873
- Sharpe v. McPikeSupreme Court of Missouri · 1876
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3Cited by5 opinions
- Reed v. PainterSupreme Court of Missouri · 1895
- Haven v. Home InsuranceMissouri Court of Appeals · 1910
- Isenhour v. Barton CountySupreme Court of Missouri · 1905
- Budd v. BuddU.S. Circuit Court for the District of Western Missouri · 1894
- Reed v. PainterSupreme Court of Missouri · 1895