Robinson v. Metropolitan Life Insurance
Missouri Court of Appeals
Appeal from St. Louis Circuit Court.— Hon. J. W. McElhinney, Judge. (1) The petition of plaintiff does not state a cause of action. This pleading was assailed at trial by objection to the introduction of any evidence under it and after verdict by motion in arrest of judgment.
Read the full summary
Appeal from St. Louis Circuit Court.— Hon. J. W. McElhinney, Judge. (1) The petition of plaintiff does not state a cause of action. This pleading was assailed at trial by objection to the introduction of any evidence under it and after verdict by motion in arrest of judgment. (2) The constitutive facts which compose plaintiff’s cause of action must be pleaded, not conclusions, for the latter are neither traversable nor demurrable, but are to be treated as no statements a.t all. The allegation of a conclusion of law raises no issue, need not be denied, is not admitted by demurrer, is wholly…
1Opinion of the CourtReyburn, J.
The only question urged by appellant is the sufficiency of the statement of plaintiff’s cause of action as follows:
“Plaintiff for cause of action states that defendant is a corporation incorporated under the laws of the State of New York and doing business and having an office in the City of St. Louis, Missouri.
“Plaintiff further states that she was, up to the time of his death, the wife of one John P. Robinson; that defendant on the 15th day of November, 1901, in consideration of payment by said John P. Robinson, to defendant of a premium of $22.21 semi-annually during his life, and not to…
2Cases cited7 opinions
- Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
- Young v. Shickle, Harrison & Howard Iron Co.Supreme Court of Missouri · 1890
- Seckinger v. Philibert & Johanning Manufacturing Co.Supreme Court of Missouri · 1895
- Hurst v. City of Ash GroveSupreme Court of Missouri · 1888
- Buck v. People's Street Railway, Electric Light & Power Co.Missouri Court of Appeals · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- McKinley v. Lawrence County Water Co.Missouri Court of Appeals · 1909