Alford v. New York Life Insurance
Supreme Court of Missouri
Appeal from Pike Circuit Court. — Won* Edgar B. Wool-folk, Judge. The proviso to the Act of 1895 does not provide for automatic paid-up insurance in case of lapse, and without demand, because (1) The title to the act indicates that it was passed for a different purpose than to repeal Sections 5856 and 5857, R. S. 1889. Straughan v. Myers, 268 Mo. 588. (2) Its language as a whole shows a contrary intention. Nichols v. Ins.
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Appeal from Pike Circuit Court. — Won* Edgar B. Wool-folk, Judge. The proviso to the Act of 1895 does not provide for automatic paid-up insurance in case of lapse, and without demand, because (1) The title to the act indicates that it was passed for a different purpose than to repeal Sections 5856 and 5857, R. S. 1889. Straughan v. Myers, 268 Mo. 588. (2) Its language as a whole shows a contrary intention. Nichols v. Ins. Co., 176 Mo. 378. (3) The terms of'the statute it displaced show a contrary intention. R. S. 1889, sec. 5859'. (4) The subsequent amendment olfl the Act of 1895 shows that…
1Opinion of the CourtBlair, P. J.
This is an appeal from a judgment for the beneficiary in a twenty-year endowment policy of insurance for $5000 on the life of W. C. H. McPike. The policy was delivered October 13, 1896. ' Three an-nual premiums were paid. Insured defaulted in the payments due September 25; 1899', and thereafter, and died November 26, 1911. Appellant is. a New York corporation, and was licensed to do business in Missouri. McPike was a citizen of this State.
When the policy was issued the laws of New York provided that after any policy had been in force for three full years and default was made in payment of…
2Cases cited1 opinion
- Epperson v. New York Life InsuranceCourt of Appeals of Kansas · 1901
3Cited by2 opinions
- Heuring v. Central States Life InsuranceMissouri Court of Appeals · 1935
- Ragsdale v. Brotherhood of Railroad TrainmenMissouri Court of Appeals · 1934