Ehrlich v. Ætna Life Insurance
Supreme Court of Missouri
Appeal from, St. Louis Gity Circuit Court. — Hon. ■ Daniel Dillon, Judge. (1) The court erred in giving instruction, prayed by defendant, declaring the plaintiff contracted to furnish $1,000,000 new insurance in four years, and that it was not a breach of the contract for plaintiff to fail to furnish $250,000 new insurance in the first year of said contract.
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Appeal from, St. Louis Gity Circuit Court. — Hon. ■ Daniel Dillon, Judge. (1) The court erred in giving instruction, prayed by defendant, declaring the plaintiff contracted to furnish $1,000,000 new insurance in four years, and that it was not a breach of the contract for plaintiff to fail to furnish $250,000 new insurance in the first year of said contract. (2) The court erred in refusing the instruction, prayed by defendant, declaring that, under the evidence, the jury could not find that there existed in St. Louis a custom for general agents of insurance companies to take a vacation in the…
1Opinion of the CourtBlack, J.
This is a suit based upon a contract executed by the defendant and the plaintiff, and dated September 16, 1880. On the first trial there was a judgment in favor of the plaintiff, which was reversed and the cause remanded by the St. Louis court of appeals.
Under former laws plaintiff appealed from that to this court, and we affirmed the judgment of the court of appeals, disposing of such questions as were then urged in this court on the record before us: The case was again tried on amended pleadings, the trial resulting in a judgment for the plaintiff in the sum of $4,991.53, and the defendant,…
2Cases cited1 opinion
- Ober v. Carson'sSupreme Court of Missouri · 1876
3Cited by13 opinions
- Carrico v. West Virginia Cent. & P. R'y Co.West Virginia Supreme Court · 1894
- Royal Mining Company v. Fidelity Casualty Co.Missouri Court of Appeals · 1911
- Baker v. J. W. McMurry Contracting Co.Supreme Court of Missouri · 1920
- State ex rel. American Manufacturing Co. v. KoelnSupreme Court of Missouri · 1919
- Ottumwa Bridge Co. v. CorriganSupreme Court of Missouri · 1913
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