Keller v. Home Life Insurance
Missouri Court of Appeals
Appeal from Cape -Girardeau Circuit Court. — How. Henry G. Riley, Judge. (1) The giving of instruction 1 on behalf of respondent and the refusal to give instruction 2 asked by appellant, constitutes reversal error. Ashford v. Ins. Co., 80 jVTo. App. 638; 1 Bigelow on Fraud, p. 410; Kerr on Fraud and Mistake, p. 57; White v. Ins.
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Appeal from Cape -Girardeau Circuit Court. — How. Henry G. Riley, Judge. (1) The giving of instruction 1 on behalf of respondent and the refusal to give instruction 2 asked by appellant, constitutes reversal error. Ashford v. Ins. Co., 80 jVTo. App. 638; 1 Bigelow on Fraud, p. 410; Kerr on Fraud and Mistake, p. 57; White v. Ins. Co., 4 .Dillon (U. S. C. C.) 177. (2) The fourth point insisted on by appellant is the refusal of the court to permit the various physicians to testify as to the physical condition of the deceased prior to and immediately after the making of the application for…
1Opinion of the CourtBarclay, J.
Plaintiff brought this action to collect the amount of an insurance policy for $2,000, issued by defendant on the life of her husband. Defendant is a life insurance company, incorporated in New York, and authorized to do business in Missouri. The date of the policy is October 30, 1899. Plaintiff’s husband died June 15, 1900, having paid one annual premium of $79.72.
The petition on the policy is in ordinary form. Besides demanding the amount of the policy it claims, furthermore, ten per cent damages thereon and a reasonable attorney’s fee on the ground that the refusal by the defendant to pay…
2Cases cited13 opinions
- Ess v. GriffithSupreme Court of Missouri · 1897
- Maddox v. DuncanSupreme Court of Missouri · 1898
- Foley v. . Royal ArcanumNew York Court of Appeals · 1896
- Carpenter v. American Ins.U.S. Circuit Court for the District of Rhode Island · 1839
- Adreveno v. Mutual Reserve Fund Life Ass'nU.S. Circuit Court for the District of Eastern Missouri · 1888
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3Cited by15 opinions
- Modern Woodmen of America v. AngleMissouri Court of Appeals · 1907
- Elliott v. Kansas CitySupreme Court of Missouri · 1906
- Hicks v. Metropolitan Life InsuranceMissouri Court of Appeals · 1916
- Sovereign Camp, Woodmen of the World v. FarmerMississippi Supreme Court · 1917
- Frazier v. Metropolitan Life InsuranceMissouri Court of Appeals · 1911
10 more not listed; retrieve them via the Exa API.