Chandler v. John Hancock Mutual Life Insurance
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Hon. D. H. Harris, Judge. (1) As notice of claim and proofs of death were not furnished within ninety days, as required' by the statute (R. S. 1899, Sec. 7899, R. S. 1909, Sec. 6948), the plaintiffs were not entitled to recover. (2) Net value defined. Rose v. Ins. Co., 153 Mo. App. 98. (3) Parties cannot annul the provisions of the statute by their executory agreement, contemporaneous or subsequent. Smith v. Ins.
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Appeal from Boone Circuit Court. — Hon. D. H. Harris, Judge. (1) As notice of claim and proofs of death were not furnished within ninety days, as required' by the statute (R. S. 1899, Sec. 7899, R. S. 1909, Sec. 6948), the plaintiffs were not entitled to recover. (2) Net value defined. Rose v. Ins. Co., 153 Mo. App. 98. (3) Parties cannot annul the provisions of the statute by their executory agreement, contemporaneous or subsequent. Smith v. Ins. Co., 173 Mo. 141; Burridge v. Ins. Co., 211 Mo. 178; Head v. Ins. Co., 241 Mo. 418; Christensen v. Ins. Co., 155 Mo. App. 193. (4) One suing upon a…
1Opinion of the CourtTrimble, J.
This is a suit upon a policy of life' insurance. Plaintiffs are the minor children of Waller T. Chandler deceased, and, as beneficiaries in the policy, brought this action, by next friend, to recover the amount of the policy. They recovered judgment for' the amount asked. Defendant has appealed.
The case was tried before the court, a jury having been waived. It was tried partly upon an agreed statement of facts and partly upon certain oral and documentary evidence offered by plaintiffs. No testimony was offered by defendant.
The defendant was, and is, a Massachusetts corporation authorized to…
2Cases cited9 opinions
- Whitfield v. Aetna Life Ins. Co. of HartfordSupreme Court of the United States · 1907
- Saint Louis Insurance v. KyleSupreme Court of Missouri · 1848
- Myers v. Maryland Casualty Co.Missouri Court of Appeals · 1907
- State ex rel. Equitable Life Assurance Society of the United States v. VandiverSupreme Court of Missouri · 1909
- Bolan v. Fire Ass'nMissouri Court of Appeals · 1894
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3Cited by14 opinions
- Frechette v. City of New HavenSupreme Court of Connecticut · 1926
- Prudential Fire Ins. Co. v. Trave-Taylor Co.Supreme Court of Oklahoma · 1944
- Eidemiller v. State Farm Mutual Automobile InsuranceSupreme Court of Kansas · 1997
- Shearlock v. Mutual Life InsuranceMissouri Court of Appeals · 1916
- Howard v. Farmers InsuranceCourt of Appeals of Kansas · 1980
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