Coscarella v. Metropolitan Life Insurance
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. (1) Plaintiff’s instruction “0” given and read to the jury was erroneous in that it instructed the jury to allow the plaintiff interest on the sum sued for from the date of the suit to the date of the trial. Plaintiff’s petition did not demand nor pray for interest and it was, therefore, error to so charge when no interest was asked for. Farrell v. Insurance Co., 61 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. (1) Plaintiff’s instruction “0” given and read to the jury was erroneous in that it instructed the jury to allow the plaintiff interest on the sum sued for from the date of the suit to the date of the trial. Plaintiff’s petition did not demand nor pray for interest and it was, therefore, error to so charge when no interest was asked for. Farrell v. Insurance Co., 61 Mo. App. 153; Shockley v. Fischer, 21 Mo. App. 551; Van Riper v. Morton, 61 Mo. App. 444; Ashby v. Shaw, 82 Mo. 76. (2) Plaintiff’s instruction “C” was…
1Opinion of the CourtNortoni, J.
This is a suit on a policy of life insurance. Plaintiff recovered and defendant prosecutes the appeal.
*135The policy is in the amount of $220. It appears that it was issued on April 11, 1910, on a written application executed by the insured a few days theretofore, to which was attached a detailed examination of the insured’s physical condition and concerning her health, by defendant’s physician. By its terms the policy is payable to plaintiff, husband of the insured, in event of the prior death of his wife, and it appears she died May 10, 1910.
The principal matter relied upon in defense is a…
2Cases cited15 opinions
- Cravens v. New York Life InsuranceSupreme Court of Missouri · 1899
- Keller v. Home Life InsuranceSupreme Court of Missouri · 1906
- Salts v. Prudential InsuranceMissouri Court of Appeals · 1909
- Stix v. Travelers Indemnity Co.Missouri Court of Appeals · 1913
- Williams v. St. Louis Life InsuranceSupreme Court of Missouri · 1905
10 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Massachusetts Bonding & Ins. v. R. E. Parsons Electric Co.Court of Appeals for the Eighth Circuit · 1932
- Rice v. Provident Life & Accident InsuranceMissouri Court of Appeals · 1937
- Handly v. LyonsMissouri Court of Appeals · 1971
- New York Life Ins. Co. v. CalhounCourt of Appeals for the Eighth Circuit · 1940
- Wayne v. New York Life Ins. Co.Court of Appeals for the Eighth Circuit · 1942
11 more not listed; retrieve them via the Exa API.