Andrus v. Fidelity Mutual Life Insurance
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. John W. Beebe, Special Judge. (1) The evidence of a forfeiture was conclusive and nothing in the conduct of defendant, when the attempt was made to pay the defaulted premium of November 22, 1898, tended to show a waiver of such forfeiture. The court should have directed a verdict for defendant under the evidence. _ Reiehenbach v. Ellerbe, 115 Mo. 588; Gateman v. Ins. Co., 1 Mo. App. 300; Seheele v. Society, 63 Mo.
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Appeal from Jackson Circuit Court. — Hon. John W. Beebe, Special Judge. (1) The evidence of a forfeiture was conclusive and nothing in the conduct of defendant, when the attempt was made to pay the defaulted premium of November 22, 1898, tended to show a waiver of such forfeiture. The court should have directed a verdict for defendant under the evidence. _ Reiehenbach v. Ellerbe, 115 Mo. 588; Gateman v. Ins. Co., 1 Mo. App. 300; Seheele v. Society, 63 Mo. App. 277; Yoe v. Ass’n., 63 Md. 86. The evidence offered to show waiver of the forfeiture clause of the policy growing out of defendant’s…
1Opinion of the CourtMarshall, J.
— This is an action upon a policy of insurance for $2,000 issued by the defendant on November 22, 1892, upon the life of Laura E. Andrus, payable'to her mother and her son, with a proviso that if she survived the beneficiar*156ies, the policy should be payable to her legal representatives. The assured died on December 20, 1898, and her son survived her, but her mother had died previously. The suit is by the executor of her estate and her minor son by his guardian and curator. The plaintiffs obtained judgment in the circuit court, and the defendant appealed. This court has jurisdiction because the…
2Cases cited18 opinions
- Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
- Ex Parte VirginiaSupreme Court of the United States · 1880
- Hayes v. MissouriSupreme Court of the United States · 1887
- Missouri v. LewisSupreme Court of the United States · 1880
- Missouri Pacific Railway Co. v. HumesSupreme Court of the United States · 1885
13 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- State ex inf. Hadley v. Standard Oil Co.Supreme Court of Missouri · 1909
- Block v. United States Fidelity & Guaranty Co.Supreme Court of Missouri · 1926
- Ash-Grove Lime & Portland Cement Co. v. Southern Surety Co.Missouri Court of Appeals · 1931
- Hull v. BaumannSupreme Court of Missouri · 1939
- State Ex Rel. Metropolitan Life Insurance v. ShainSupreme Court of Missouri · 1933
36 more not listed; retrieve them via the Exa API.