Wayland v. Western Life Indemnity Co.
Missouri Court of Appeals
Appeal from Chariton Circuit Court. — Hon. John P. Butler, Judge. Good faith to his fellow members, who must be assessed to pay his policy if snch payment is required, demanded that if he intended to retain his membership and to assert the invalidity or irregularity of the forfeiture of his membership, that he bring it, within a reasonable- time, to the attention of the company.
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Appeal from Chariton Circuit Court. — Hon. John P. Butler, Judge. Good faith to his fellow members, who must be assessed to pay his policy if snch payment is required, demanded that if he intended to retain his membership and to assert the invalidity or irregularity of the forfeiture of his membership, that he bring it, within a reasonable- time, to the attention of the company. He could not sit idly by, apparently acquiescing in the forfeiture of his membership, while others were paying dues and large assessments, and, at the end of three years, have his beneficiaries placed in a better…
1Opinion of the CourtJohnson, J.
— This is an action on a policy of life insurance issued by an insurance company organized under the laws of Illinois and authorized to do business in this state as an assessment company. The policy was issued to John H. Wayland of Salisbury, Missouri, June 24, 1889, who paid all dues and assessments until October 12,1905, 'when he failed to pay two assessments (numbered 303 and 304) levied to pay two death losses of five thousand dollars each and thereupon defendant declared his policy forfeited.. He made no effort to be reinstated, paid no further dues and assessments and on October 28,…
2Cases cited35 opinions
- Mutual Life Insurnace v. HillSupreme Court of the United States · 1904
- Shaw v. . Republic Life Ins. Co.New York Court of Appeals · 1877
- Burtis v. . ThompsonNew York Court of Appeals · 1870
- Covenant Mutual Life Ass'n v. KentnerIllinois Supreme Court · 1900
- Garfielde v. United StatesSupreme Court of the United States · 1876
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3Cited by19 opinions
- Linscomb v. Goodyear Tire & Rubber Co., IncCourt of Appeals for the Eighth Circuit · 1952
- Universal Life & Accident Insurance v. ShawTexas Supreme Court · 1942
- Ewing v. MillerSupreme Court of Missouri · 1960
- Quivirian Development Company, Inc., a Corporation v. William T. Poteet and Ethel L. PoteetCourt of Appeals for the Eighth Circuit · 1959
- Barber v. Hartford Life InsuranceSupreme Court of Missouri · 1916
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