Bathe v. Metropolitan Life Ins. Co.
Decision Date | 05 December 1910 |
Citation | 132 S.W. 743,152 Mo. App. 87 |
Parties | BATHE v. METROPOLITAN LIFE INS. CO. |
Court | Missouri Court of Appeals |
Appeal from Circuit Court, Jasper County; David E. Blair, Judge.
Action by Charles G. Bathe against the Metropolitan Life Insurance Company. From a judgment for plaintiff, defendant appeals. Affirmed.
Thomas Dolan and E. F. Cameron, for appellant. Mooneyham & Shepherd, for respondent.
Appellant on April 5, 1909, issued to one Della Bathe a policy of insurance on her life for the benefit of her husband, the respondent, by the terms of which appellant agreed to pay on the proof of her death $276, or one-half of that sum if she died within six months after the date of the policy. She died on July 28, 1909, according to the statement of the attending physician in the death proofs, of "(1) chief or primary, consumption, (2) contributing or secondary." On proof of death being made and appellant refusing to pay, respondent brought suit in a justice's court on the policy, the case later reaching the circuit court where it was tried de novo, a verdict being rendered for $140.02. The defendant below is appellant here.
The petition was in the usual form. The answer, after admitting the issuance of the policy on April 5, 1909, and denying every other allegation in the petition, contains the following: At the conclusion of plaintiff's evidence and again at the close of all the evidence, defendant requested, and the court refused to give a peremptory instruction that plaintiff had not shown himself entitled to recover.
The policy contained the following provisions: "* * * In consideration of the payment of the premium mentioned in the schedule below, on or before each Monday, doth hereby agree, subject to the conditions below and on page 2 hereof, each of which is hereby made a part of this contract and contracted by the assured to be a part hereof, to pay upon receipt of proofs of the death of the insured made in the...
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