Johnston v. Covenant Mutual Life Insurance
Missouri Court of Appeals
Appeal from Cooper Circuit Court. — Hon. Jas. E. Hazelly Judge. (1) In the absence of fraud, the written contract specifically providing for the thirty per cent advance dividends as an advance against the policy until extinguished by actual earnings or was otherwise paid, swallows up and supersedes all previous parol negotiations on the subject. Kellerman v. Railroad, 136 Mo. 188; State ex rel. v. Hoshaw, 98 Mo. 358; Ins.
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Appeal from Cooper Circuit Court. — Hon. Jas. E. Hazelly Judge. (1) In the absence of fraud, the written contract specifically providing for the thirty per cent advance dividends as an advance against the policy until extinguished by actual earnings or was otherwise paid, swallows up and supersedes all previous parol negotiations on the subject. Kellerman v. Railroad, 136 Mo. 188; State ex rel. v. Hoshaw, 98 Mo. 358; Ins. Co. v. Nieberger, 74'Mo. 161. (2) Mere ignorance on the plaintiff’s part as to the contents of the instruments signed by him furnishes no ground for avoiding them. School…
1Opinion of the CourtSmith, P. J.
This is an action which was brought to recover back the first annual premium paid by plaintiff on a five>-thousand-dollar policy in the defendant company on the ground of fraud. The material allegations, shortly stated, were as follows:(1) That defendant’s agents represented that it would give plaintiff, as one of a limited number to be insured, a special contract whereby plaintiff’s premium would be thirty per cent less than the usual and regular rate charged by defendant and other reliable companies. (2) That the discount to be thus given plaintiff would amount, annually, to $182.40 and…
Also in this document: Concurrence.
2Cases cited15 opinions
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Crim v. CrimSupreme Court of Missouri · 1901
- Cahn v. ReidMissouri Court of Appeals · 1885
- Hawkins v. HawkinsCalifornia Supreme Court · 1875
- Robinson v. GlassIndiana Supreme Court · 1884
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3Cited by20 opinions
- Leicher v. KeeneyMissouri Court of Appeals · 1903
- Dyrssen v. Union Electric Light & Power Co.Supreme Court of Missouri · 1927
- Tait v. LockeMissouri Court of Appeals · 1908
- Anderson v. Meyer Bros. Drug Co.Missouri Court of Appeals · 1910
- Ely v. SuttonMissouri Court of Appeals · 1913
15 more not listed; retrieve them via the Exa API.