Legal Opinion

Martin v. Mutual Life Insurance

Missouri Court of Appeals

Decided May 4, 1915PublishedCited by 6 opinions

Appeal from St. Louis City Circuit Court. — Eon. William T. Jones, Judge. The demurrer to the evidence should have been sustained: (a) Because the uncontroverted evidence shows that both of the policies sued on had, by the terms of the policies themselves, lapsed and become void on June 9, 1910, for non-payment of premiums due May 9, 1910 — on that day or within one month of grace allowed thereafter — and the records of appellant show that these policies were declared lapsed…

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Appeal from St. Louis City Circuit Court. — Eon. William T. Jones, Judge. The demurrer to the evidence should have been sustained: (a) Because the uncontroverted evidence shows that both of the policies sued on had, by the terms of the policies themselves, lapsed and become void on June 9, 1910, for non-payment of premiums due May 9, 1910 — on that day or within one month of grace allowed thereafter — and the records of appellant show that these policies were declared lapsed and void on June 10, 1910, for non-payment of the premiums due May 9,1910. (b) Because the uncontroverted evidence…

1Opinion of the CourtNortoni, J.

This is a suit on two separate policies of life insurance. Plaintiff recovered and defendant prosecutes the appeal.

*708The petition, is in two counts. The first declares upon one of the policies and the second upon another. Both policies were issued hy defendant on the same date — that is, May 9, 1908 — in the amount of $1000 each, and hy their terms the premiums are payable annually on' the ninth day of May each year, with a provision allowing a grace of thirty days (or one month, if greater) for the payment of every premium after the first. The two policies are identical in their provisions in…

2Cases cited4 opinions

  1. Scudder v. Union National BankSupreme Court of the United States · 1875
  2. Thompson v. Traders' InsuranceSupreme Court of Missouri · 1902
  3. Jones v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1913
  4. Rippstein v. St. Louis Mutual Life InsuranceSupreme Court of Missouri · 1874

3Cited by6 opinions

  1. Handly v. LyonsMissouri Court of Appeals · 1971
  2. State Auto Property & Casualty Insurance v. Boardwalk Apartments, L.C.Court of Appeals for the Eighth Circuit · 2009
  3. Roberts v. American National Assurance Co.Court of Appeals of Kansas · 1919
  4. Hutchinson v. National Life InsuranceMissouri Court of Appeals · 1917
  5. Taylor v. Royal InsuranceDistrict Court, W.D. Missouri · 1964

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