Legal Opinion

Thornell v. Missouri State Life Ins. Co.

Court of Appeals of Texas

Decided March 9, 1921No. 2380PublishedCited by 7 opinions

Appeal from District Court, Navarro County; H. B. Daviss, Judge. Action by Mrs. Patty D. Thornell against the Missouri State Life Insurance Company. Judgment for defendant, and plaintiff appeals. The Missouri State Life Insurance Company on February 13, 1918, issued two policies of life insurance, each in'the sum of $1,000, payable upon the death of Thomas A. Thornell to Patty L. Thornell, wife of the insured, as beneficiary.

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Appeal from District Court, Navarro County; H. B. Daviss, Judge. Action by Mrs. Patty D. Thornell against the Missouri State Life Insurance Company. Judgment for defendant, and plaintiff appeals. The Missouri State Life Insurance Company on February 13, 1918, issued two policies of life insurance, each in'the sum of $1,000, payable upon the death of Thomas A. Thornell to Patty L. Thornell, wife of the insured, as beneficiary. The policies each stipulated: “In case of death by self-destruction, sane or insane, within one year from date of issue, the ■ liability of the company shall be limited…

1Opinion of the CourtLevy, J.

(after stating the facts as above). [1] The insurance company proved by its secretary that the company had “received from the plaintiff in this case some papers as proofs of the death of the insured T. A. Thornell,” and the witness then identified the papers “now in my possession” as “the originals of such papers.” The insurance company then offered in evidence such original proofs of the death of the insured made to it by the beneficiary in the policy as admissions against the beneficiary of the facts therein stated. The appellant objected, and the court overruled the objection, to the…

2Cases cited8 opinions

  1. Insurance Co. v. NewtonSupreme Court of the United States · 1875
  2. Pythias Knights' Supreme Lodge v. BeckSupreme Court of the United States · 1901
  3. Haughton v. Aetna Life InsuranceIndiana Supreme Court · 1905
  4. Barrett v. FeatherstoneTexas Supreme Court · 1896
  5. Leman v. Manhattan Life InsuranceSupreme Court of Louisiana · 1894

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Thornell v. Missouri State Life Ins.Texas Commission of Appeals · 1923
  2. Jones v. WhiteleyCourt of Appeals of Texas · 1976
  3. Brockman v. J. Weingarten, Inc.Court of Appeals of Texas · 1938
  4. Laury v. Northwestern Mutual Life InsuranceSupreme Court of Minnesota · 1930
  5. Texas Employers' Ins. Ass'n v. FordCourt of Appeals of Texas · 1954

2 more not listed; retrieve them via the Exa API.

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