Martin v. Mutual Life Insurance
Missouri Court of Appeals
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
- Scudder v. Union National BankSupreme Court of the United States · 1875
- Thompson v. Traders' InsuranceSupreme Court of Missouri · 1902
- Jones v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1913
- Rippstein v. St. Louis Mutual Life InsuranceSupreme Court of Missouri · 1874
3Cited by6 opinions
- Handly v. LyonsMissouri Court of Appeals · 1971
- State Auto Property & Casualty Insurance v. Boardwalk Apartments, L.C.Court of Appeals for the Eighth Circuit · 2009
- Roberts v. American National Assurance Co.Court of Appeals of Kansas · 1919
- Hutchinson v. National Life InsuranceMissouri Court of Appeals · 1917
- Taylor v. Royal InsuranceDistrict Court, W.D. Missouri · 1964
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