Ashford v. Metropolitan Life Insurance
Missouri Court of Appeals
Appeal from the Harrison Circuit Couri. — Hon. P. C. Stepp¿ Judge. (1) We urge that the court erred in overruling the defendant’s motion for new trial, for there was no evidence whatever that plaintiff had any insurable interest in the life of deceased; and this being the case the policy was void and no action could be maintained thereon. Mutual Aid Society v. McDonald, 1L. B. A. 288; Warnoclc v. Davis, 101 IT. S. 775; Boiler v. Beam, 6 L. B. A. 136; Ins.
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Appeal from the Harrison Circuit Couri. — Hon. P. C. Stepp¿ Judge. (1) We urge that the court erred in overruling the defendant’s motion for new trial, for there was no evidence whatever that plaintiff had any insurable interest in the life of deceased; and this being the case the policy was void and no action could be maintained thereon. Mutual Aid Society v. McDonald, 1L. B. A. 288; Warnoclc v. Davis, 101 IT. S. 775; Boiler v. Beam, 6 L. B. A. 136; Ins. Oo. v. McOrum, 36 Kan. 116; Oammack v. Lewis, 82 IT. S. 613; Singleton v. Ins. Oo., 66 Mo. 63; 3 Kent Com., side page 368, 11 Ed. (2) We…
1Opinion of the CourtEllison, J.
This action is based on a life insurance policy taken out by deceased in favor of plaintiff, he representing himself to be plaintiff’s husband at the time he had the policy issued. He paid one premium and died before another payment became due. A rehearing was granted and the case-again argued.
Life insurance: insurable interest. 1. The defense is based mainly upon the contention that deceased and plaintiff were not husband and wife at the time the policy was issued. That therefore plaintiff had no insurable interest in the life of deceased and the policy being-for that reason -a mere wagering…
2Cases cited19 opinions
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Jeffries v. Life InsuranceSupreme Court of the United States · 1875
- Martin v. StubbingsIllinois Supreme Court · 1888
- Bloomington Mutual Benefit Ass'n v. BlueIllinois Supreme Court · 1887
- Dyer v. BrannockSupreme Court of Missouri · 1877
14 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Kern v. Supreme Council, American Legion of HonorSupreme Court of Missouri · 1902
- Lynch v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1910
- Reynolds v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1901
- Van Cleave v. Union Casualty & Surety Co.Missouri Court of Appeals · 1900
- Bruck v. John Hancock Mutual Life InsuranceMissouri Court of Appeals · 1916
9 more not listed; retrieve them via the Exa API.