Trask v. German Insurance
Missouri Court of Appeals
Appeal from the Crawford Circuit Court. — Hon. C. C. Bland, Judge. (1) The court should have taken the case from'the jury at the close of plaintiff’s testimony and at tha close of the whole testimony. There was no proof made that the company ever received or accepted the application.
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Appeal from the Crawford Circuit Court. — Hon. C. C. Bland, Judge. (1) The court should have taken the case from'the jury at the close of plaintiff’s testimony and at tha close of the whole testimony. There was no proof made that the company ever received or accepted the application. And the whole testimony shows that 0. Dean was the agent for the sole purpose of soliciting applications, receiving and receipting for the premium, and forwarding them to the company for acceptance. It was the duty and province of the trial court, where the undisputed facts show no liability to have been…
1Opinion of the CourtBiggs, J.
— This is an action at law on a contract for insurance. There was a judgment against the defendant for $300, from which it has prosecuted this •appeal.
The plaintiff’s cause of action is based on a contract for insurance alleged to have been made by a duly authorized agent of the defendant, no policy having been issued. - The defendant insists here, as it did in the circuit court, that there is no evidence of a completed contract. As the question is at the threshold of the case, it should be first considered.
The plaintiff testified that, on the second day of April, 1892, he delivered to one…
2Cases cited5 opinions
- Keim v. Home Mutual Fire & Marine InsuranceSupreme Court of Missouri · 1867
- Winnesheik Insurance v. HolzgrafeIllinois Supreme Court · 1870
- E. S. Brownfield & Brother v. Phœnix Insurance Co. of LondonMissouri Court of Appeals · 1887
- Wallingford v. Home Mutual Fire & Marine InsuranceSupreme Court of Missouri · 1860
- Brownfield v. Phœnix InsuranceMissouri Court of Appeals · 1889
3Cited by8 opinions
- Shawnee Mut. Fire Ins. Co. v. McClureSupreme Court of Oklahoma · 1913
- Murphy v. Great American InsuranceMissouri Court of Appeals · 1926
- Hawes v. American Central InsuranceMissouri Court of Appeals · 1928
- Carter v. Manhattan Life InsuranceHawaii Supreme Court · 1897
- Kring v. Globe Farmers' Town Mutual Fire, Tornado, Cyclone & Windstorm InsuranceMissouri Court of Appeals · 1916
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