Lewis v. New York Life Ins. Co.
| Decision Date | 04 March 1918 |
| Docket Number | No. 19167.,19167. |
| Citation | 201 S.W. 851 |
| Parties | LEWIS v. NEW YORK LIFE INS. CO. |
| Court | Missouri Supreme Court |
Appeal from Circuit Court, Jackson County; Joseph A. Guthrie, Judge.
Suit by Lulu M. Lewis against the New York Life Insurance Company. Judgment for plaintiff, and defendant appeals. Case transferred to the Kansas City Court of Appeals.
Lathrop, Morrow, Fox & Moore, of Kansas City, for appellant. Chas. M. Howell, Langsdale & Howell, and Jos. S. Brooks, all of Kansas City, for respondent.
I. Suit on an insurance policy for $5,000 issued on the life of the husband of plaintiff in Colorado. The defendant is a New York corporation, and is licensed to do business in this state. The action was commenced by substituted process/served upon the state superintendent of insurance,. and trial of the case resulted in a judgment for plaintiff on July 6, 1915. Defendant appealed.
II. The question in limine on the face of the record is whether we have jurisdiction of this cause. The only constitutional question specifically urged by defendant is the unconstitutionality of the statute permitting the method of service by which this action was begun. The validity of that statute (R. S. 1909, § 7042) was affirmed in State ex rel. v. Grimm, 239 Mo. loc. cit. 156, 143 S. W. 483, et seq. decided in 1911. That decision was subsequently affirmed in Mining & Milling Co. v. Fire Insurance Co., 267 Mo. loc. cit. 568, 184 S. W. 999, which latter case also was affirmed by the Supreme Court of the United States in 243 U. S. 93, 37 Sup. Ct. M4, 61 L. Ed. 610. It is thus apparent that the question of the constitutionality of the act in question was not an open one in this state when this appeal was taken.
The amount of the judgment being within the pecuniary limit of the Kansas City Court of Appeals, the appeal should have been taken to that court.
No other constitutional question than the one relating to process is specifically urged in the briefs or raised by the record. The result is that this cause should be transferred to the Kansas City Court of Appeals for final determination.
It is so ordered. All concur.
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Lewis v. New York Life Ins. Co.
...amount involved so as to bring it within the pecuniary limit of our jurisdiction, and therefore the case was transferred to this court. 201 S. W. 851, 852. The answer, after admitting the issuance of the policy, the death of the insured, and the identity of plaintiff as the beneficiary, set......
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Lewis v. New York Life Ins. Co.
...all if Kansas City, for respondent. BOND, J. I. This suit is between the same parties and for the same amount as the one docketed No. 19167, 201 S. W. 851, and while some different questions might arise in the two cases, they both present on their faces the question of our jurisdiction of t......
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