Hoffman v. Manufacturers' Accident Indemnity Co.
Missouri Court of Appeals
Appeal from Lafayette Cot emt Court. — Hon. Richard Field, Judge. (1) Under the law of condition precedent and from the evidence in the case, Katy Hoffman fully complied, in every particular, with all the requirements of the certificate of insurance by her to be performed. This is her cause of action — she sues for the death benefit. Albert Hoffman did not, nor does any one for him, ask for any benefit from the respondent.
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Appeal from Lafayette Cot emt Court. — Hon. Richard Field, Judge. (1) Under the law of condition precedent and from the evidence in the case, Katy Hoffman fully complied, in every particular, with all the requirements of the certificate of insurance by her to be performed. This is her cause of action — she sues for the death benefit. Albert Hoffman did not, nor does any one for him, ask for any benefit from the respondent. And we cite the following .authorities: Acc’t Ass’n v. Smith, 126’ Pa. St. 317; also, 12 Am. St. 870, cases cited and note thereto; Acc’t Indemnity Go. v. Fletcher, 5. Ohio…
1Opinion of the CourtSmith, P. J.
— In consideration of the sum of $5 as a membership fee, and of such future payments as should be required under the articles of incorporation and by-laws of the defendant, an accident indemnity insurance company, it executed and delivered to Albert Hoffman an insurance contract by which he was received as a member of defendant company and thereby bound itself, within ninety days after the receipt of satisfactory proof of the death of the said member, effected through external, violent and accidental means, within the intent and meaning of the said contract and the conditions thereto annexed,…
2Cases cited7 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
- LaForce v. Williams City Fire InsuranceMissouri Court of Appeals · 1891
- Rivara v. Queen's InsuranceMississippi Supreme Court · 1885
- Covenant Mutual Benefit Ass'n v. SpiesIllinois Supreme Court · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Hatch v. United States Casualty Co.Massachusetts Supreme Judicial Court · 1908
- Woodmen Accident Ass'n v. PrattNebraska Supreme Court · 1901
- Moore v. General Accident, Fire, & Life Assurance Corp.Supreme Court of North Carolina · 1917
- Columbia Paper Stock Co. v. Fidelity & Casualty Co.Missouri Court of Appeals · 1904
- Watkins v. United States Casualty Co.Tennessee Supreme Court · 1919
11 more not listed; retrieve them via the Exa API.