Elms v. Mutual Benefit Life Insurance
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis.— Hon. Glendy B. Arnold, Judge. '¡Tlie court erred in giving the demurrers to both counts because: (1) Even if the policy had provided for forfeiture, it was waived by defendant. See letters from defendant’s officials. (2) As construed by defendant the policy was not subject to forfeiture. Brooklyn Ins. Co. v. Dutcher, 95 U. S. 269; Manhattan Ins.
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Appeal from the Circuit Court of the City of St. Louis.— Hon. Glendy B. Arnold, Judge. '¡Tlie court erred in giving the demurrers to both counts because: (1) Even if the policy had provided for forfeiture, it was waived by defendant. See letters from defendant’s officials. (2) As construed by defendant the policy was not subject to forfeiture. Brooklyn Ins. Co. v. Dutcher, 95 U. S. 269; Manhattan Ins. Co. v. Wright, 126 (Fed. 86. (3) The provision for deducting any indebtedness and unpaid premium is inconsistent with forfeiture and negatives any forfeiture provision. Kline v. Ben. Assn., Ill…
1Opinion of the Court
This is an action upon a policy of life insurance. The policy in the sum of $1,000 was issued upon the life of Rossington Elms and was dated March 31, 1871. The premiums were paid until March 3, 1906. The one due that day was not paid nor was any subsequent premium paid. The insured died in October, 1912.
The petition is in two counts, the first being a straight suit on the policy and the second on the theory of a conversion of the reserve standing to the credit of the policy at the time it lapsed, which is alleged to have been the sum of $765.49.
The answer to the first count after denying the…
2Cases cited8 opinions
- Kline v. National Benefit Ass'nIndiana Supreme Court · 1887
- State v. PorterSupreme Court of Missouri · 1908
- State ex rel. Supreme Lodge Knights v. VandiverSupreme Court of Missouri · 1908
- Smoot v. Bankers Life Ass'nMissouri Court of Appeals · 1909
- Mitchell v. German Commercial Accident Co.Missouri Court of Appeals · 1913
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3Cited by4 opinions
- Davis v. Mutual Life InsuranceMissouri Court of Appeals · 1938
- Mulcahey v. Brotherhood of Railway TrainmenMissouri Court of Appeals · 1934
- John Hancock Mut. Life Ins. v. ChevillonCourt of Appeals for the Seventh Circuit · 1931
- Lamb v. Aetna Life Ins. Co. of HartfordTennessee Supreme Court · 1940