Legal Opinion

Buchholz v. MetropolItan Life Insurance

Missouri Court of Appeals

Decided July 5, 1913PublishedCited by 6 opinions

Appeal from St. Louis City Circuit Court.—How. Charles Claflin Allen, Judge. ■ (1) The verdict and judgment are against the law because the circuit court of the city of St. Louis had no jurisdiction to try this case—the case having originated in justice court, and plaintiff seeking to recover $500 and 10 per cent of the same as damages, and a reasonable attorney’s fee for vexatious refusal to pay, such justice of the peace court had no juris■diction to try the case.

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Appeal from St. Louis City Circuit Court.—How. Charles Claflin Allen, Judge. ■ (1) The verdict and judgment are against the law because the circuit court of the city of St. Louis had no jurisdiction to try this case—the case having originated in justice court, and plaintiff seeking to recover $500 and 10 per cent of the same as damages, and a reasonable attorney’s fee for vexatious refusal to pay, such justice of the peace court had no juris■diction to try the case. Sec. 7615', R. S. 1909. (2) The statutory damages of 101 per cent and a reasonable-attorney’s fee provided by Sec. 7068, R. S.…

1Opinion of the CourtNortoni, J.

This is a suit on a policy of life insurance. Plaintiff recovered and defendant prosecutes the appeal. The suit originated before a justice of the peace in the city of St. Louis, and found its way by appeal to the circuit court, from which the present appeal is prosecuted.

The policy is in the amount $500. By the statement filed before the justice of the peace, this policy is declared upon, and a recovery prayed thereon for the amount of $500', together with interest on such amount in the sum of $21.25. In all, the amount of the policy and interest is $521.25. The statement further prays for a…

2Cases cited8 opinions

  1. Waters v. WatersSupreme Court of Missouri · 1872
  2. City of St. Louis v. MeintzSupreme Court of Missouri · 1891
  3. Jones v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1913
  4. Alliance Cooperative Insurance v. CorbettSupreme Court of Kansas · 1904
  5. Ellis v. WhitlockSupreme Court of Missouri · 1847

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

3Cited by6 opinions

  1. State Ex Rel. United States Fidelity & Guaranty Co. v. WalshMissouri Court of Appeals · 1976
  2. Wichita Valley Ry. Co. v. LeatherwoodCourt of Appeals of Texas · 1914
  3. Trapp v. MersmanMissouri Court of Appeals · 1914
  4. Guhman v. DunawayMissouri Court of Appeals · 1914
  5. Vance v. McHughMissouri Court of Appeals · 1915

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

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