Herndon v. Triple Alliance
Missouri Court of Appeals
Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) Defendant’s demurrer to the petition should ¡have been sustained. If defendant refused to make the assessment agreed to, plaintiff’s remedy was in ■equity to enforce specific performance. Rainsbarger v. Ins. Co., 38 N. W. Rep. (Iowa) 626; Benefit Ass'n v. Sears, 114 111. 108. Again, the petition does not state a cause of action.
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Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) Defendant’s demurrer to the petition should ¡have been sustained. If defendant refused to make the assessment agreed to, plaintiff’s remedy was in ■equity to enforce specific performance. Rainsbarger v. Ins. Co., 38 N. W. Rep. (Iowa) 626; Benefit Ass'n v. Sears, 114 111. 108. Again, the petition does not state a cause of action. The petition fails to aver that defendant was solvent; that he had refused to make the assessments, and if such assessment had been made defendant would have realized the amount of the…
1Opinion of the CourtGill, J.
— The plaintiff, widow of Geo. W. Herndon, deceased, sued the defendant on account of three several certificates or policies of insurance made for her benefit and on application of her husband. The answer set up three defenses : First. Misrepresentations in the applications for insurance. Second. Failure to pay assessments and dues. Third. That the certificates were canceled prior to Herndon’s death. The reply denied these and set up that the answers to the interrogatories contained in the application were truthfully made, but that the defendant’s agent writing up the application, without the…
2Cases cited9 opinions
- Combs v. Hannibal Savings & InsuranceSupreme Court of Missouri · 1869
- Snider v. Adams Express Co.Supreme Court of Missouri · 1876
- Holman v. BachusSupreme Court of Missouri · 1880
- Brown v. Wabash, St. Louis & Pacific R'y. Co.Missouri Court of Appeals · 1885
- Taylor v. National Temperance Relief UnionSupreme Court of Missouri · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- New York Life Insurance v. McMasterCourt of Appeals for the Eighth Circuit · 1898
- Minich v. M. F. A. Mutual Insurance Co.Missouri Court of Appeals · 1959
- McMaster v. New York Life Ins.Court of Appeals for the Eighth Circuit · 1899
- Distassio v. American United Life InsuranceMissouri Court of Appeals · 1944
- Maget v. MagetMissouri Court of Appeals · 1900
4 more not listed; retrieve them via the Exa API.