Legal Opinion

American Insurance v. Neiberger

Supreme Court of Missouri

Decided October 15, 1881PublishedCited by 34 opinions

Appeal from Henry Circuit Court. — Hon. E. P. Wright, Judge. The note on its face is payable absolutely in four an-’ nual installments. It was incompetent to introduce any parol evidence to vary or control the written promise.

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Appeal from Henry Circuit Court. — Hon. E. P. Wright, Judge. The note on its face is payable absolutely in four an-’ nual installments. It was incompetent to introduce any parol evidence to vary or control the written promise. Wright v. Moore, 9 Gray 337; Cunningham v. WardweU, 12 Me. 466; Adams v.Wilson, 12 Mete. 138; Allen v. Furbish, 4 Gray 504; Isaacs v. Elkins, 11 Yt. 679; Henderson v. Thompson, 52 Ga. 149. The written application of defendant was for insurance for the term of five years. This application was signed at the time the note was given. No parol evidence can be received as to…

1Opinion of the CourtHough, J.

On the 25th day of January, 1875, the plaintiff issued to the defendant a policy of insurance against loss by fire, for the period of five years from the 15th day of January, 1875, in pursuance of a written application previously made by him to an agent of the plaintifi, then in Henry county, where the property insured was situated. The defendant paid the premium for one year in cash, and gave his note for the premium for the remaining four years, payable in four annual installments of $12 each. This suit was instituted on Eebruary 3rd, 1877, to recover the two installments then due. It was…

2Cited by34 opinions

  1. Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
  2. New York Life Insurance v. McMasterCourt of Appeals for the Eighth Circuit · 1898
  3. Housekeeper Pub. Co. v. SwiftCourt of Appeals for the Eighth Circuit · 1899
  4. Crescent Ring Co. v. Travelers Indemnity Co.Supreme Court of New Jersey · 1926
  5. McMaster v. New York Life Ins.Court of Appeals for the Eighth Circuit · 1899

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