Harper's Administrator v. Phœnix Insurance
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. The facts stated in the agreed case do not support the judgment. It clearly appears that Harper, when he was killed, had thrown away his pistol, and retreated from the combat. He was not then engaged in the violation of any law. It is true that he held u a billet of wood over his head in a threatening position.”
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Error to St. Louis Court of Common Pleas. The facts stated in the agreed case do not support the judgment. It clearly appears that Harper, when he was killed, had thrown away his pistol, and retreated from the combat. He was not then engaged in the violation of any law. It is true that he held u a billet of wood over his head in a threatening position.” But there was no attempt to execute the threat, and if there had been, Coryell was in a position which afforded him entire security. He could have had no such reasonable apprehension of danger, as justified him in taking life. It may be said…
1Opinion of the CourtScott, Judge
Edmund Harper, on the 17th of December, 1849, took from the Phcenix Insurance Company a policy of insurance on his • life, for the term of five years, for three thousand dollars. The policy was subject to the following conditions: “That if the said Harper shall die in consequence of a duel, or by the hands of justice, or in the known violation of any law of this state, then, in such case, the policy shall be void.”
This is an action on the policy by the plaintiff, Woodyard, who is the.administrator of Harper.
The answer sets up the defence that Harper died in the known violation of a law of…
2Cited by16 opinions
- Dezell v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- Morton ex rel. Richardson v. Supreme Council of the Royal LeagueMissouri Court of Appeals · 1903
- Riggins v. Equitable Life Assurance SocietyCourt of Appeals of Georgia · 1941
- Gresham v. Equitable Accident InsuranceSupreme Court of Georgia · 1891
- Tuttle v. Travellers' InsuranceMassachusetts Supreme Judicial Court · 1883
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