Tutt v. Covenant Mutual Life Insurance
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Amos M. Thayer, Judge. The cause of forfeiture was a continuing cause of forfeiture, and defendant had the right under the terms of the policy, to-forfeit it at the time it did so. Continental Life Ins. Co. v. Robinion, (Ohio), Western Ins. Review, March, 1884, 259; Marston v. Mass. Life Ins. Co., Id. 260. Defendant under the terms of its contract had the right to-forfeit the policy for non-payment of the interest on the note.
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Appeal from the St. Louis Circuit Court, Amos M. Thayer, Judge. The cause of forfeiture was a continuing cause of forfeiture, and defendant had the right under the terms of the policy, to-forfeit it at the time it did so. Continental Life Ins. Co. v. Robinion, (Ohio), Western Ins. Review, March, 1884, 259; Marston v. Mass. Life Ins. Co., Id. 260. Defendant under the terms of its contract had the right to-forfeit the policy for non-payment of the interest on the note. Brooldyn Ins. Co. t>. Butcher, 95 U. S. 269 (Bk. 24, Law Ed. 410); N. T. Ins. Co. v. Eggleston, 96 U. S. 572 {Id. 841) ; Russum…
1Opinion of the CourtRombauer, J.
This is an action to recover damages for breach of a contract of life insurance. Two questions arise upon the record : first, whether the plaintiff is entitled to recover ; and, next, whether the damages awarded to him are excessive.
One Pastorius was insured on his life, for the sole use and benefit of the plaintiff, by the defendant company, May 6, 1870. The annual premium required by the policy was $62.65, of which $42.65 was to be paid *679annually in cash and twenty dollars by note. The policy became by its terms non-forfeitable, after the payment of three annual premiums, and contained this…
2Cases cited7 opinions
- McKee v. Phœnix InsuranceSupreme Court of Missouri · 1859
- Pitt v. Berkshire Life InsuranceMassachusetts Supreme Judicial Court · 1868
- Braswell v. American Life InsuranceSupreme Court of North Carolina · 1876
- Smith v. Charter Oak Life InsuranceSupreme Court of Missouri · 1876
- Rumbold v. Penn Mutual Life InsuranceMissouri Court of Appeals · 1879
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3Cited by1 opinion
- Shadley v. Grand Lodge of the Brotherhood of Railroad TrainmenMissouri Court of Appeals · 1923