LeWis v. Penn Mut. Life Ins. Co.

Decision Date28 February 1877
Citation3 Mo.App. 372
PartiesMARTROM D. LEWIS, Public Administrator of JOHN BUSBY, Appellant, v. PENN MUTUAL LIFE INSURANCE COMPANY, Respondent.
CourtMissouri Court of Appeals

Where a later and general clause in an insurance policy refers to a former and more specific one, and the later one is to be construed, it must be done by the light of the clause to which it refers.

APPEAL from St. Louis Circuit Court.

Affirmed.

David Murphy, for appellant, cited: Broom's Leg. Max., 6th Am. ed., 404, 405, side p. 528, pp. 440, 441, side pp. 574, 575; Young v. Mutual Life Ins. Co. (U. S. Cir. Ct. Cal.), 2 Ins. L. J. 289; McAllister v. New England Mutual Ins. Co., 101 Mass. 558; Thompson v. St. Louis Mutual Life Ins. Co., 52 Mo. 470; May on Ins. 181, sec. 174; Bliss on Life Ins. 655, 656; 1 Duer on Life Ins. 163, secs. 8-10; Webb v. Protection Ins. Co., 14 Mo. 3.

Spencer & Clopton, for respondent, cited: Duer on Ins. 163, sec. 87.

BAKEWELL, J., delivered the opinion of the court.

Respondent insured the life of plaintiff's intestate in the sum of $5,000. The policy is dated March 9, 1869, and provides that, in consideration of $291.26, payable annually, one-half in cash and one-half in a note with interest payable in advance, during the term of ten years, on March 9th of every year, the respondent insures the life of Busby for $5,000, during his life. The policy proceeds: “and, should the herein-insured cease to pay the premiums as hereinbefore stated, the company will, upon the surrender of this policy, together with the unredeemed dividends upon the same, within three months after an unpaid premium shall be due, issue a paid-up policy on the life of the said assured as follows, to wit, after the payment of two annual premiums, two-tenths of the amount insured, and so on, according to the number of years paid in, provided the premiums have all been paid in cash; otherwise, a paid-up policy for one-half of the above proportion only will be given.” Payment to be made within sixty days after proof of death. Then follow conditions as to residence within certain latitudes, employments forbidden, and modes of death excepted; and then a condition that, if the statements on the faith of which the policy is issued are untrue, “or, in case the said John Busby shall not pay the said semi-annual or quarterly payments hereinbefore mentioned, on or before the several days appointed as aforesaid for the payment of the same, then, and in every such case, the said company shall not be liable to the payment of the whole sum insured, but only such part thereof as the number of premiums paid bears to the whole number to be paid, as is expressly stipulated above, and the remainder shall cease and determine.”

Default was made in the payment of the premium due March 9, 1871. The insured died April 30, 1875. His administrator notified defendant of the death, and sues on the policy to recover a sum equal to two-tenths of $5,000. Busby did not offer to surrender the policy and unredeemed dividends thereon within three months, nor did he make a demand within that time for a paid-up policy.

These facts appear from the pleadings and evidence.

The court below gave an...

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7 cases
  • The National Bank of Commerce of Kansas City v. Morris
    • United States
    • Missouri Supreme Court
    • 14 Febrero 1893
    ... ... 79; Neenan ... v. Donoghue, 50 Mo. 493; Lewis v. Ins. Co., 3 ... Mo.App. 372; Railroad v. Atkinson, 17 ... ...
  • Beavers v. Farmers' & Traders' Bank
    • United States
    • Missouri Court of Appeals
    • 2 Febrero 1914
    ... ... 504 [7 S. W. 108]; Brownlee v. Arnold, 60 Mo. 79; Lewis, Adm'r, v. Ins. Co., 3 Mo. App. 372; Railroad v. Atkison, ... to be paid by the notes is the substance and the life of the transaction; the deed of trust securing it is but an ... ...
  • Beavers v. Farmers & Traders Bank of Hardin
    • United States
    • Kansas Court of Appeals
    • 2 Febrero 1914
    ... ... 504, 7 S.W. 108; ... Brownlee v. Arnold, 60 Mo. 79; Lewis, Admr., v ... Ins. Co., 3 Mo.App. 372; Railroad v ... substance and the life of the transaction, the deed of trust ... securing it is ... ...
  • Missouri Pacific Ry. Co. v. Atkison
    • United States
    • Missouri Court of Appeals
    • 4 Mayo 1885
    ...two made one instrument, so that they are to be treated in fact and law as one contract.--2 Par. on Cont., 7 ed., 503; Lewis v. Penn Mut. Life Ins. Co., 3 Mo. App. 372; Brownlee v. Arnold, 60 Mo. 79; 1 Danl. Neg. Inst., sects. 150 and 156; Harvey v. Effinger, 37 Miss. 552. As such they must......
  • Request a trial to view additional results

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