Dunkin v. Mutual Benefit Life Insurance
Missouri Court of Appeals
Error to the Putnam Circuit Court. — Hon. Andrew Ellison, Judge. ■ (1) The court should have sustained the demurrer to the evidence. (2) The declarations of law of the court were erroneous, because they did not require a finding of a request or tender. (3) Plaintiffs have no cause of action against defendant, and the case should be reversed and not remanded. Speaks v. Dry Goods Co., 22 Mo. App. 122; Zurfluh v. Railroad, 46Mo. App. 636; Grant v. Reinhart, 33 Mo.
Read the full summary
Error to the Putnam Circuit Court. — Hon. Andrew Ellison, Judge. ■ (1) The court should have sustained the demurrer to the evidence. (2) The declarations of law of the court were erroneous, because they did not require a finding of a request or tender. (3) Plaintiffs have no cause of action against defendant, and the case should be reversed and not remanded. Speaks v. Dry Goods Co., 22 Mo. App. 122; Zurfluh v. Railroad, 46Mo. App. 636; Grant v. Reinhart, 33 Mo. App. 74-86; Quay v. Lucas, 25 Mo. App. 4. (1) The counsel for defendant seek to raise the question, by their brief, that the judgment…
1Opinion of the CourtGill, J.
In the year 1890 the. plaintiffs borrowed $1,200 of the defendant and therefor gave their notes, the said principal note due May 1, 1895, and the interest notes payable semiannually on May 1 and November 1 of each year. To secure the loan, plaintiffs executed a mortgage or deed of trust on certain real estate in Putnam county. In April, 1894, plaintiffs claim they paid the debt, accrued interest, and, besides, three months interest in advance, to the Central Trust Company of St. Louis, who, it is alleged, was for that purpose the agent of the defendant and who agreed with the plaintiffs that…
2Cases cited2 opinions
- Dodson v. ClarkMissouri Court of Appeals · 1892
- Dodson v. ClarkMissouri Court of Appeals · 1889
3Cited by3 opinions
- Duff v. KarrMissouri Court of Appeals · 1901
- Murray v. Fleet Mortgage Corp.Missouri Court of Appeals · 1996
- Hill v. WainwrightMissouri Court of Appeals · 1900