Lafferty v. Kansas City Casualty Co.
Supreme Court of Missouri
Appeal from Louisiana Court of Common Pleas. — Hon. Edgar B. Woolf oik, Judge. (1) No contract of insurance was ever consummated. The application clearly provided when and under what conditions the insurance was to take effect. The policy was never accepted by the applicant, nor were the conditions precedent performed, (a) Lafferty never accepted the policy sued upon. As he never became liable for any premium, there is correlatively no liability on the part of the defendant.
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Appeal from Louisiana Court of Common Pleas. — Hon. Edgar B. Woolf oik, Judge. (1) No contract of insurance was ever consummated. The application clearly provided when and under what conditions the insurance was to take effect. The policy was never accepted by the applicant, nor were the conditions precedent performed, (a) Lafferty never accepted the policy sued upon. As he never became liable for any premium, there is correlatively no liability on the part of the defendant. Kilcullen v. Met. Life Ins. Co.,-108 Mo. App. 61; Piedmont Life Ins. Co. v. Ewing, 92: U. S. 377, 23 L. Ed. 610. (b)…
1Opinion of the CourtWoodson, J.
This suit originated in the Court of Common Pleas of Pike County, brought by the plaintiff to recover the sum of $400 on an insurance policy issued by the defendant to Hugh L. Lafferty for the use of Mollie M. Lafferty, his mother. At the trial, the court, at the conclusion of the evidence, directed a verdict for the defendant, and upon a motion for a new trial being filed, the court sustained the same, and in due time and proper form the defendant appealed the cause to the St. Louis Court of Appeals, which in due course affirmed the judgment of the lower court, but upon motion for a…
2Cases cited4 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Erhart v. DietrichSupreme Court of Missouri · 1893
- Gilmore v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1914
- Wells v. HobsonMissouri Court of Appeals · 1902
3Cited by21 opinions
- Evett v. CorbinSupreme Court of Missouri · 1957
- Topinka v. Minnesota Mutual Life InsuranceSupreme Court of Minnesota · 1933
- Bennett v. Royal Union Mut. Life Ins. Co.Missouri Court of Appeals · 1938
- Gaines v. Berkshire Life InsuranceMissouri Court of Appeals · 1933
- Beggs v. Metropolitan Life InsuranceSupreme Court of Iowa · 1934
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