Burdick v. Security Life Ass'n
Missouri Court of Appeals
Error from Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. (1) Grady was a general agent with full powers, and yet with secret instructions, and therefore was fully authorized to waive forfeiture. Hamilton v. Ins. Co., 94 Mo. 354; Burnham v. Ins. Co., 56 Mo. App. 582; Ins. Co. v. Ins.
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Error from Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. (1) Grady was a general agent with full powers, and yet with secret instructions, and therefore was fully authorized to waive forfeiture. Hamilton v. Ins. Co., 94 Mo. 354; Burnham v. Ins. Co., 56 Mo. App. 582; Ins. Co. v. Ins. Co., 62 Mo. 293. (2) The record fails to ¿how that this defendant ever filed the premiums received, and the mere certificate of the clerk outside of the record is no evidence as a part of the record. Maddox v. Eailroad, 73 Mo. App. 510. (3) A warranty of good health means that he is well as to outward…
1Opinion of the CourtEllison, J.
— This action is based on a certificate policy of insurance. The plaintiff recovered in the trial court. The case has been before us on two former occasions (77 Mo. App. 629, and 86 Mo. App. 94). The defense has been and now is that the defendant is an assessment company and that it is therefore not within the provision of section 5849, Revised Statutes 1889, of the general insurance law providing that no false representations which did not produce the death shall be available as a defense. On this theory defendant pleaded and offered evidence tending to prove false representations by…
2Cases cited2 opinions
- Burdick v. Security Life Ass'nMissouri Court of Appeals · 1899
- Burdick v. Security Life Ass'nMissouri Court of Appeals · 1900
3Cited by1 opinion
- McAboy v. PackerSupreme Court of Missouri · 1945