Parker v. Supreme Tent, Knights of the Maccabees of the World
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Thomas G. Hennings, Judge. Defendant tendered the correct amount due under the contract and had a right to annex as a condition to such tender that plaintiff would cancel the obligation evidenced by the certificate, and plaintiff’s act in afterwards accepting the exact amount previsously tendered and acknowledging that defendant was only liable for such amount at any time precludes the recovery of interest.
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Appeal from St. Louis City Circuit Court. — Hon. Thomas G. Hennings, Judge. Defendant tendered the correct amount due under the contract and had a right to annex as a condition to such tender that plaintiff would cancel the obligation evidenced by the certificate, and plaintiff’s act in afterwards accepting the exact amount previsously tendered and acknowledging that defendant was only liable for such amount at any time precludes the recovery of interest. Engelbach v. Simpson, 12 Tex. Civ. App. 188, 33 S. W. 596; Bailey v. Buchanan, 115 N. Y. 297, 22 N. E. 155, 6 L. R. A. 562; Halpin v.…
1Opinion of the CourtNortoni, J.
This is a suit on a fraternal benefit certificate of life insurance. Plaintiff recovered and defendant prosecutes the appeal.
The right of recovery to the extent of $583.20 is admitted, but plaintiff insists upon the right to have interest thereon in addition, at the rate of six per cent from November 12, 1908, and the controversy pertains alone to this matter.
Defendant tendered to plaintiff on November 12, 1908 the amount of $583.20, upon condition that she agree to accept and receipt for the same in full of her claim under the certificate of insurance. This she declined to do, because, as…
2Cases cited6 opinions
- Dennis v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1906
- Ruppel v. Missouri Guarantee, Savings & Building Ass'nSupreme Court of Missouri · 1900
- West v. Farmers' Mutual InsuranceSupreme Court of Iowa · 1902
- Henderson v. Cass CountySupreme Court of Missouri · 1891
- Armstrong v. Modern Brotherhood of AmericaSupreme Court of Missouri · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Baird v. Union Mutual Life InsuranceNebraska Supreme Court · 1920
- Defeo v. GoodwinMissouri Court of Appeals · 1926