Pullis v. Robison
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. 1. Even though Robison may have been solvent when the policies were first taken out, and may have so remained for several years, yet, as the annual premiums are the life, essence and consideration of the contract, and as he was insolvent when he made the last annual payment, which money was that of his creditors, and the said payment gave the right of recovery against the insurance companies, his creditors are in equity entitled to…
Read the full summary
Appeal from St. Louis Court of Appeals. 1. Even though Robison may have been solvent when the policies were first taken out, and may have so remained for several years, yet, as the annual premiums are the life, essence and consideration of the contract, and as he was insolvent when he made the last annual payment, which money was that of his creditors, and the said payment gave the right of recovery against the insurance companies, his creditors are in equity entitled to have the proceeds of said policies applied to the payment of their debts, as the widow is a mere volunteer, and the…
1Opinion of the CourtNorton, J.
This is a proceeding in the nature of a creditor’s bill, instituted by certain creditors of James P. Robison, deceased, whose claims had been allowed by the probate court against, his estate, to subject to the payment of said debts the proceeds of certain policies of insurance taken out on the life of said Robison, and made payable to his wife. The creditors suing are three in number, and *207each having brought a separate action, the three suits were consolidated and tried together. Three of the policies, the proceeds of which constitute the subject matter of controversy, were issúed by the…
2Cases cited3 opinions
- Henning v. United States InsuranceSupreme Court of Missouri · 1871
- Gambs v. Covenant Mutual Life InsuranceSupreme Court of Missouri · 1872
- City of Boonville v. Ormrod's AdministratorSupreme Court of Missouri · 1858
3Cited by15 opinions
- Chapman v. McIlwrathSupreme Court of Missouri · 1882
- Bailey v. WoodMassachusetts Supreme Judicial Court · 1909
- Judson v. WalkerSupreme Court of Missouri · 1900
- Clark v. FigginsWest Virginia Supreme Court · 1888
- Sternberg v. LevySupreme Court of Missouri · 1901
10 more not listed; retrieve them via the Exa API.