Jefferson v. German-American Mutual Life Ass'n
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. There was no evidence'of waiver. The allegations that proofs had been furnished in compliance with the condition of insurance stood denied, and respondent’s case failed in a material point, because of the entire absence of necessary evidence. Sheehan v. Ins. Co., 53 Mo. App. 351; Haggard v. Ins. Co., Id. 98; McCullough v. Ins.
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Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. There was no evidence'of waiver. The allegations that proofs had been furnished in compliance with the condition of insurance stood denied, and respondent’s case failed in a material point, because of the entire absence of necessary evidence. Sheehan v. Ins. Co., 53 Mo. App. 351; Haggard v. Ins. Co., Id. 98; McCullough v. Ins. Co., 113 Mo. 606. By the terms of insurance, thé answers to questions in the application were made warranties. The appellant being an assessment company, the statute abolishing the distinction…
1Opinion of the CourtBiggs, J.
This is an action on a policy of life insurance for $1,000, dated on the twenty-second day of August, 1892. It was issued on the life of Josephine Mey, and the plaintiff was named as the beneficiary therein. Josephine Mey died in July, 1893. The defendant is an Iowa corporation, and is doing a life insurance business on the assessment plan. At the date of the policy it was doing business in this state under the provisions of article 3, chapter 89 of the Revised Statutes of 1889. By the terms of the policy and of the written application of the assured her answers to questions propounded in the…
2Cases cited5 opinions
- Gregory v. ChambersSupreme Court of Missouri · 1883
- Wolff v. CampbellSupreme Court of Missouri · 1892
- McAfee v. RyanSupreme Court of Missouri · 1848
- Taylor v. Scherpe & Koken Architectural Co.Missouri Court of Appeals · 1891
- Burk v. FlurnoySupreme Court of Missouri · 1835
3Cited by4 opinions
- Fulton v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
- Winn v. Modern Woodmen of AmericaMissouri Court of Appeals · 1911
- Troll v. Protected Home CircleMissouri Court of Appeals · 1911
- Fernandez v. Mutual Life InsuranceMissouri Court of Appeals · 1935