Christian v. Connecticut Mutual Life Insurance
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. LeboyB. Yalliant, Judge. (1) The court erred in restricting the evidence introduced by defendant to the defense set up in the answer that Florida contemplated suicide at and prior to the time when he made his application for the policy of insurance sued on herein. Said evidence was also admissible, and should have been received, under the second defense set up in defendant’s answer.
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Appeal from St. Louis City Circuit Court. — Hon. LeboyB. Yalliant, Judge. (1) The court erred in restricting the evidence introduced by defendant to the defense set up in the answer that Florida contemplated suicide at and prior to the time when he made his application for the policy of insurance sued on herein. Said evidence was also admissible, and should have been received, under the second defense set up in defendant’s answer. (2) The court below erred in refusing to give to the jury, at the instance of defendant, instructions A and B. Section 5849, Revised Statutes 1889, was not intended…
1Opinion of the CourtShejrwood, J.
Action on a life insurance policy for the sum of $10,000, which insurance was effected by A. K. Florida on his own life on the eleventh day of July, 1892. On the twentieth day of January, 1893, Florida assigned this policy to plaintiffs. On the twenty-seventh day of .April next following he committed suicide.
The answer of defendant is based on two defenses: The first, that at the time Florida made the application for insurance he intended to commit suicide, and that afterward he carried out that intention. The second, that it was agreed between the parties that if there were in any of the…
2Cases cited7 opinions
- Havens v. Germania Fire InsuranceSupreme Court of Missouri · 1894
- Bluedorn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Capital Bank v. ArmstrongSupreme Court of Missouri · 1876
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
- Daggs v. Orient InsuranceSupreme Court of Missouri · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Smart v. Kansas CitySupreme Court of Missouri · 1907
- Kern v. Supreme Council, American Legion of HonorSupreme Court of Missouri · 1902
- Kleinlein v. FoskinSupreme Court of Missouri · 1929
- Voss v. American Mutual Liability Insurance Co.Missouri Court of Appeals · 1960
- Hayes v. Wabash RailroadSupreme Court of Missouri · 1950
44 more not listed; retrieve them via the Exa API.