Wright v. Metropolitan Life Insurance
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon. John W. Calhoun, Judge. (1) The trial court erred in refusing to give defendant’s instruction in the nature of a demurrer to the evidence, for: (a) There was no evidence presented from which the jury could reasonably infer that defend- • ant actually intended to waive avoidance of the insurance for failure to pay the premiums in arrears, prior to the death of insured, nor was there any evidence upon which to base…
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Appeal from the Circuit Court of the City of St. Louis. —Hon. John W. Calhoun, Judge. (1) The trial court erred in refusing to give defendant’s instruction in the nature of a demurrer to the evidence, for: (a) There was no evidence presented from which the jury could reasonably infer that defend- • ant actually intended to waive avoidance of the insurance for failure to pay the premiums in arrears, prior to the death of insured, nor was there any evidence upon which to base an estoppel of defendant to assert such forfeiture. Thompson v. Fid. Mut. L. Ins. Co., 110 Tenn. 557, 92 S. W. 1098, 0…
1Opinion of the Court
This suit was instituted before a Justice of the Peace of the City of St. Louis on February 8, 1916. It is based upon a life insurance policy of the "industrial" or "prudential" class, issued by defendant March 24, 1913, on the life of Sylvia Wright, the fourteen year old daughter of plaintiff, the beneficiary therein named. The premium was ten cents per week, and the amount of the insurance $260. The insured died November 10, 1915.
The statement filed with the justice was conventional in form, and asked judgment for the full amount of the insurance, interest, ten per cent. of the amount due…
2Cases cited9 opinions
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- Thompson v. Fidelity Mutual Life Ins.Tennessee Supreme Court · 1906
- Davis v. National Council of the Knights & Ladies of SecurityMissouri Court of Appeals · 1917
- Goedecke v. Metropolitan Life InsuranceMissouri Court of Appeals · 1888
- Jaggi v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1915
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3Cited by5 opinions
- Kansas City Life Ins. Co. v. ElmoreCourt of Appeals of Texas · 1920
- Stonewall L. Ins. Co. v. CookeMississippi Supreme Court · 1932
- O'Connor v. Metropolitan Life InsuranceSupreme Court of Connecticut · 1936
- Sovereign Camp W. O. W. v. CameronCourt of Appeals of Texas · 1931
- Bonnot v. Grand Lodge, Brotherhood of Railroad TrainmenMissouri Court of Appeals · 1935