Floyd v. Prudential Insurance
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. John. A. Talty, Judge. When the wife is the real party in interest and the husband is only a nominal party, he is not a competent witness, except when he acts as her agent. Paul v. Leavitt, 53 Mo. 595; Joice v. Branson, 73 Id. 28; Reno v. Kingsbury, 39 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. John. A. Talty, Judge. When the wife is the real party in interest and the husband is only a nominal party, he is not a competent witness, except when he acts as her agent. Paul v. Leavitt, 53 Mo. 595; Joice v. Branson, 73 Id. 28; Reno v. Kingsbury, 39 Mo. App. 240; Dearie v. Kreihn, 65 Mo. 202. . If Alice Eloyd had no insurable interest in the life of Charity Preston, then the policy was a wagering one, and as such void, it being undisputed that plaintiff paid all the premiums from the beginning. Gambo v. Ins. Co., 50 Mo. 44; Singleton v.…
1Opinion of the CourtBiggs, J.
This is an action on a policy of insurance which was issued upon the life of Charity Preston, deceased, and in which the defendant agreed to pay to her executor or administrator $105, in consideration of the payment of a weekly assessment of thirty-five cents. The policy was issued on the second day of September, 1889, and Charity Preston died on the eleventh day of June, 1895. It was conceded that all assessments had been promptly paid and that proofs of death had been furnished. The averment in the complaint was that the plaintiffs, who are husband and wife, were the joint owners and…
2Cited by6 opinions
- McAlpine v. Fidelity & Casualty Co.Supreme Court of Minnesota · 1916
- Manning v. Prudential InsuranceMissouri Court of Appeals · 1919
- Schuler v. Metropolitan Life InsuranceMissouri Court of Appeals · 1915
- Geddes & Moss Undertaking & Embalming Co. v. Metropolitan Life Ins.Louisiana Court of Appeal · 1936
- Lavin v. Empire Life InsuranceMissouri Court of Appeals · 1903
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