New York Life Insurance v. Kansas City Bank
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. W. B. Teasdale, Judge. (1) The policies were assignable. Insurance Co. v. Flack, 3 Md. 341; Insurance Co. v. Armstrong, 117 U. S. 591; Bank v. Abernathy, 32 Mo. App. 211. (2) The execution of the assignment and note and ownership of the policies by the bank were abundantly proved.
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Appeal from Jackson Circuit Court. — Hon. W. B. Teasdale, Judge. (1) The policies were assignable. Insurance Co. v. Flack, 3 Md. 341; Insurance Co. v. Armstrong, 117 U. S. 591; Bank v. Abernathy, 32 Mo. App. 211. (2) The execution of the assignment and note and ownership of the policies by the bank were abundantly proved. Davis v. Wood, 161 Mo. 17; Shaw v. Persing, 57 Mo. 416; Greenleaf on Evidence (16 Ed.), p. 170; Settle v. Alison, 8 Ga. 201; Bill v. McCaulley, 29 Ga. 355; Gardner v. Grannis, 57 Ga. 539; Cahill v. Palmer, 45 N. Y. 478. (3) The burden was upon the respondents to show the…
1Opinion of the CourtBboaddus, P. J.
This is a proceeding in equity to settle the conflicting claims of the defendants to a certain fund amounting to $4,197.72 in the hands of the plaintiff, a life insurance company. The facts are that, on June 8, 1868, the plaintiff company issued two policies, each for the sum of $2,500, on the life of Horace N. Chittenden, numbered respectively 4881 and 4882. The insured died February 14, 1903. The respondent Albert Young as the administrator of Chittenden’s estate filed his interplea claiming that he was entitled to the proceeds of said policy which had been paid into court by the company.…
2Cases cited8 opinions
- New York Mutual Life Insurance v. ArmstrongSupreme Court of the United States · 1886
- Griswold v. . SawyerNew York Court of Appeals · 1891
- New York Life Insurance v. FlackCourt of Appeals of Maryland · 1852
- Hutson v. MerrifieldIndiana Supreme Court · 1875
- Ewing v. JonesIndiana Supreme Court · 1892
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3Cited by5 opinions
- Rains v. MoulderSupreme Court of Missouri · 1936
- Shawnee State Bank v. Royal Union Life InsuranceSupreme Court of Kansas · 1929
- Walker v. PetersMissouri Court of Appeals · 1909
- Ordelheide v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1911
- Sansone v. SansoneMissouri Court of Appeals · 1979