Trisler v. Mutual Reserve Fund Life Ass'n
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. War-id do Hough, Judge. • (1) The policy is a Missouri contract to be construed by the law of Missouri. Cravens v. Insurance Co., 148 Mo. 583; Horten v. Insurance Co., 151 MO'. 604; Chemical Co. v. Railroad, 100 Mo. App. 164. (2) Plaintiff is not estopped to refuse payment of call 96 by reason of having paid illegal premiums under protest.
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Appeal from St. Louis City Circuit Court. — Hon. War-id do Hough, Judge. • (1) The policy is a Missouri contract to be construed by the law of Missouri. Cravens v. Insurance Co., 148 Mo. 583; Horten v. Insurance Co., 151 MO'. 604; Chemical Co. v. Railroad, 100 Mo. App. 164. (2) Plaintiff is not estopped to refuse payment of call 96 by reason of having paid illegal premiums under protest. Life Assn. v. Kinter, 56 N. E. 966. (3) The policy and papers given by defendant to plaintiff are “tricky and deceptive," and even a very intelligent person would consider them to mean that the rates would…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. Resolutions under which the assessment were readjusted upon the basis of attained age, were not amendments of the by-laws, and for this reason plaintiff contends the assessments were unlawfully increased. The constitution and by-laws of the association provide that the board of directors shall adjust calls or assessments, and in 1895, the board of directors adopted the policy of assessing each member on the basis of his -attained age and expectancy of life, and authorized the executive committee to carry out the terms of the resolution. Under this resolution,…
2Cases cited7 opinions
- Mutual Reserve Fund Life Ass'n v. FerrenbachCourt of Appeals for the Eighth Circuit · 1906
- Mutual Reserve Fund Life Ass'n v. TaylorSupreme Court of Virginia · 1901
- Smith v. Supreme Lodge Knights of PythiasMissouri Court of Appeals · 1900
- Haydel v. Mutual Reserve Fund Life Ass'nCourt of Appeals for the Eighth Circuit · 1900
- Hayden v. Franklin Life Ins.Court of Appeals for the Eighth Circuit · 1905
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3Cited by2 opinions
- Roth v. Mutual Reserve Life Ins.Court of Appeals for the Eighth Circuit · 1908
- Keen v. Bankers Mutual Life Co.Missouri Court of Appeals · 1936