McAdoo v. Metropolitan Life Ins. Co.

• Decision Date: 07 December 1937
• Docket Number: No. 24162.,24162.
• Citation: 110 S.W.2d 851
• Parties: Rosalee McADOO (Plaintiff), Respondent, v. METROPOLITAN LIFE INSURANCE COMPANY, a Corporation, (Defendant), Appellant.
• Court: Missouri Court of Appeals

110 S.W.2d 851

Rosalee McADOO (Plaintiff), Respondent, v. METROPOLITAN LIFE INSURANCE COMPANY, a Corporation, (Defendant), Appellant.

No. 24162.

St. Louis Court of Appeals. Missouri.

December 7, 1937.

Rehearing Denied December 22, 1937.

Appeal from St. Louis Circuit Court, Division No. 18; M. Hartmann, Judge.

"Not to be published in State Reports."

Fordyce, White, Mayne & Williams and Joseph R. Long, all of St. Louis, for appellant.

Kopitsky & Kessler and Robert L. Aronson, all of St. Louis, for respondent.

HOSTETTER, Presiding Judge.

This is a companion case to case No. 24161, 110 S.W.2d 845, between the same parties, but based on a different policy of insurance, which originated in a justice of the peace court of the city of St. Louis, where the plaintiff prevailed, and on appeal to the circuit court, where the pleadings and the proceedings are the same, with a trial to a jury, with the testimony practically the same, plaintiff again prevailed, resulting in a verdict for plaintiff and judgment rendered thereon, in the total sum of $394.95, on the 14th day of June, 1935, which was duly appealed to this court by defendant.

The parties, through their respective attorneys, by a signed stipulation filed in this court, agree that the opinion in one case be taken and considered as the opinion in the other case.

Therefore, the opinion in said case No. 24161 is adopted as the opinion in the instant case, and the judgment rendered by the trial court in the instant case is accordingly affirmed.

BECKER and McCULLEN, JJ., concur.