Wall v. Equitable Life Assur. Soc.
U.S. Circuit Court for the District of Western Missouri
Action upon a life insurance policy issued by defendant upon the life of plaintiff’s husband. Plaintiff alleges In the second count of the amended petition that the defendant is a corporation created and existing under the laws of tbe state of New York, and is doing business as a life insurance company in the state of Missouri, and is subject to the laws of said state; that the policy sued on was executed on the twenty-third day of December, 1880. by the defendant, and…
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Action upon a life insurance policy issued by defendant upon the life of plaintiff’s husband. Plaintiff alleges In the second count of the amended petition that the defendant is a corporation created and existing under the laws of tbe state of New York, and is doing business as a life insurance company in the state of Missouri, and is subject to the laws of said state; that the policy sued on was executed on the twenty-third day of December, 1880. by the defendant, and delivered to the insured, who was then and remained a resident of the state of Missouri, by the terms of which policy…
1Opinion of the CourtBrewer, J.
This case is submitted on a motion to strike out parts of the answer. Involved in this motion are two questions: First, is the contract sued'on governed and to be construed by the laws of the state of New York or by the laws of the state of Missouri? Second, if subject to the laws of Missouri, is the stipulation in respect to forfeiture legal and binding as a waiver of the provisions of the Missouri statutes? In respect to the first question, these, I think, must bo taken as the accepted facts: The defendant is a New York corporation doing business in the state of Missouri; the insured was a…
2Cases cited4 opinions
- Paul v. VirginiaSupreme Court of the United States · 1869
- New York Life Insurance v. FletcherSupreme Court of the United States · 1886
- Kansas Pacific Railway Co. v. PeaveySupreme Court of Kansas · 1883
- White v. Connecticut Mut. Life Ins.U.S. Circuit Court for the District of Western Missouri · 1877
3Cited by14 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Continental Fire Insurance v. WhitakerTennessee Supreme Court · 1903
- Continental Casualty Co. v. OwenSupreme Court of Oklahoma · 1913
- Pendleton v. Great Southern Life Ins. Co.Supreme Court of Oklahoma · 1929
- New York Life Ins. v. RussellCourt of Appeals for the Eighth Circuit · 1896
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