Metropolitan Life Ins. Co. v. Brown

• Decision Date: 06 June 1916
• Docket Number: No. 14415.,14415.
• Citation: 186 S.W. 1155
• Parties: METROPOLITAN LIFE INS. CO. v. BROWN et al.
• Court: Missouri Court of Appeals

186 S.W. 1155

METROPOLITAN LIFE INS. CO. v. BROWN et al.

No. 14415.

St. Louis Court of Appeals. Missouri.

June 6, 1916.

Rehearing Denied June 20, 1916.

Appeal from St. Louis Circuit Court; Wilson A. Taylor, Judge.

"Not to be officially reported."

Suit by the Metropolitan Life Insurance Company against Mary Alice Brown and another. From a judgment for the named defendant, plaintiff appeals. Affirmed.

Fordyce, Holliday & White, of St. Louis, for appellant. John B. Dempsey and Joseph Furling, both of St. Louis, for respondent.

REYNOLDS, P. J.

The appellant, Metropolitan Life Insurance Company, filed a bill of interpleader in the circuit court of the city of St. Louis against Mary Alice Brown and Jannie Shnody (or Snoddy). The defendant Jannie Shnody, under the name Snoddy, filed a separate answer to this original petition or bill of interpleader. The defendant Mary Alice Brown demurred. This demurrer was sustained. Whereupon plaintiff filed an amended petition or bill of interpleader. In this latter, after averring the organization and business of plaintiff, and that on a day named it issued its policy of insurance upon the life of one John Shnody, which policy is filed as an exhibit to the petition, the amended petition pleads that this policy contained a clause which we need not here repeat but which has been referred to in many cases of like character as "the facility payment clause." The beneficiary named in the policy, it is averred, was the defendant Mary Alice Brown, a daughter of the insured. It is then averred that George Shnody died December 23, 1912, while the policy was in full force and that thereupon the principal sum, $96, plus a mortuary bonus of $9, making a total of $105, became due and payable under the terms and conditions of the policy; that thereafter Mary Alice Brown surrendered the policy and the premium receipt book relating to the same to plaintiff and that on or about the same day Mary Alice Brown, together with the defendant Jannie Shnody, furnished proofs of the death of George Shnody to plaintiff, these defendants jointly making claim to the proceeds of the policy, "representing to plaintiff that they were agreed as to their several interests in the same, and desired plaintiff to pay the proceeds of the policy to them jointly;" that thereafter plaintiff tendered payment by check to the joint order of these defendants which they refused to accept, each of them setting up severally a claim to the entire proceeds of the policy, Mary Alice Brown alleging that she was the owner of the policy and of the premium receipt book and the beneficiary named in the policy, while the defendant Jannie Shnody claimed the entire proceeds, alleging she was then and there the true and lawful owner of the policy and premium receipt book and the widow of George Shnody, deceased, and had become liable for the expense of his burial. The amended petition, averring that each of these defendants denied the allegations made by the other and had notified plaintiff not to pay the proceeds to the other, avers that plaintiff has no information as to the truth or falsity of the respective and conflicting allegations of claims made by defendants. Averring that it is a mere stake holder between these defendants; that it has incurred no liability to either of them personally and ought not to be subjected to the expense of defending suits by all or either of the claimants when it has at all times been ready and willing to pay the fund to whomsoever of the claimants is lawfully entitled to receive the same, it is further averred that on June 24th, 1913, defendant Mary Alice Brown commenced her action before a justice of the peace of the city of St. Louis to recover from plaintiff the amount of the policy, to-wit, $105, with interest from January 1st, 1913, and ten per cent. damages for vexatious refusal to pay, and for a reasonable attorney's fee. Averring that the justice is without jurisdiction to entertain an equitable proceeding and that plaintiff cannot file a bill of interpleader joining defendants in the action pending before the justice, this amended petition prays the court to make its order and decree staying all proceedings now pending before the justice and authorizing plaintiff to pay to the clerk of the court the sum of $105, being the amount due on this policy, and that the defendants Brown and Shnody be required to interplead for the fund and that upon the order and deposit being made plaintiff be discharged from liability under and on account of the policy of insurance.

Mary Alice Brown filed a motion to strike out this amended petition on the ground, first, that in all substantial allegations it is identical with the original petition to which the demurrer had heretofore been filed and sustained, and, second, that the amended petition fails to state any facts entitling plaintiff to relief in equity. The defendant Jannie Shnody filed her answer to this amended petition, in which, as far as material to here notice it, she stated that she and Mary Alice Brown, making claim to the fund, had stated to plaintiff that "they had agreed between them as to their several interests therein, and that it was to be paid them jointly." Admitting that plaintiff thereafter tendered...