Legal Opinion

Leeker v. Prudential Insurance Co. of America

Missouri Court of Appeals

Decided January 3, 1911PublishedCited by 9 opinions

Appeal from St. Louis.City Circuit Court. — Eon. George E. Williams, Judge. The transaction of February 18, 1904, whereby the defendant loaned the insured the sum of $12.58, was an investment, and the fact that the money loaned was applied to the payment of premiums is immaterial, since there is still no “notes or other evidence of indebtedness to the company given on account of past premium payments.”

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Appeal from St. Louis.City Circuit Court. — Eon. George E. Williams, Judge. The transaction of February 18, 1904, whereby the defendant loaned the insured the sum of $12.58, was an investment, and the fact that the money loaned was applied to the payment of premiums is immaterial, since there is still no “notes or other evidence of indebtedness to the company given on account of past premium payments.” The premiums were paid in cash and the evidence of indebtedness is for a loan. Burridge v. Ins. Co., 211 Mo. 158; Smith v. Ins. Co., 173 Mo. 329; Lewis v. Ins. Co., 187 U. S. 335; Insurance Co.…

1Opinion of the CourtNixon, P. J.

This was an action upon a policy of life insurance issued by the respondent upon the life of Louis E. Leeker, of St. Louis, Missouri, whereby said life was insured to the amount of five hundred dollars. The plaintiffs were the beneficiaries námed in the policy. The case was tried by consent of parties before the circuit judge sitting as a jury and judgment was rendered for the defendant company from which the plaintiffs appealed to the St. Louis Court of Appeals. The cause was thereupon transferred to this court and an abstract and briefs were prepared and filed in this court by both parties.…

2Cases cited7 opinions

  1. Cravens v. New York Life InsuranceSupreme Court of Missouri · 1899
  2. Smith v. Mutual Benefit Life InsuranceSupreme Court of Missouri · 1903
  3. Burridge v. New York Life InsuranceSupreme Court of Missouri · 1908
  4. Whittaker v. Mutual Life InsuranceMissouri Court of Appeals · 1908
  5. Price v. Connecticut Mutual Life InsuranceMissouri Court of Appeals · 1892

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Cornell v. Mutual Life InsuranceMissouri Court of Appeals · 1914
  2. Morgan v. Prudential Ins. Co. of AmericaSupreme Court of Alabama · 1923
  3. Decker v. New York Life Ins. Co.Utah Supreme Court · 1938
  4. Dougherty v. Mutual Life InsuranceMissouri Court of Appeals · 1931
  5. Heuring v. Central States Life InsuranceMissouri Court of Appeals · 1938

4 more not listed; retrieve them via the Exa API.

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