Funkhouser v. How
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. The petition stated that, on the 16th of April, 1850, Thos. Crew, for his own benefit, caused the life of Jacob Lesher to be insured by the Phoenix Insurance Company, in the sum of five hundred dollars, as would more fully appear by the policy, filed with and made a part of the petition; that on or about the 1st of March, 1851, and while the policy was subsisting, Lesher departed this life within the terms of the policy, so that Crew…
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Error to St. Louis Court of Common Pleas. The petition stated that, on the 16th of April, 1850, Thos. Crew, for his own benefit, caused the life of Jacob Lesher to be insured by the Phoenix Insurance Company, in the sum of five hundred dollars, as would more fully appear by the policy, filed with and made a part of the petition; that on or about the 1st of March, 1851, and while the policy was subsisting, Lesher departed this life within the terms of the policy, so that Crew became entitled to receive from the Insurance Company said sum of five hundred dollars ; that on the 3d 'of July, 1851,…
1Opinion of the CourtRyland, Judge
Erom the statement herein,-if a state of facts could exist not inconsistent therewith, by which How could lawfully have collected the money, then these plaintiffs cannot recover in this action. The demurrer, then, would have been properly sustained. Let us see. The insurance policy was obtained on the 16th of April, 1850, for, two years, on the life of Lesher. Some time about the 1st of March, 1851, Lesher died. The Insurance Company then became liable to pay, but, by the terms, could not be forced to pay until the expiration of sixty days from notice of death. Now on the 8d of July, 1851,…
2Cited by1 opinion
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