Reid v. Missouri State Life Ins. Co.

• Decision Date: 04 March 1930
• Docket Number: No. 2952.,2952.
• Citation: 24 S.W.2d 1086
• Parties: REID et al. v. MISSOURI STATE LIFE INS. CO.
• Court: Missouri Court of Appeals

24 S.W.2d 1086

REID et al. v. MISSOURI STATE LIFE INS. CO.

No. 2952.

St. Louis Court of Appeals. Missouri.

March 4, 1930.

Appeal from Circuit Court, Cape Girardeau County; Frank Kelly, Judge.

"Not to be officially published."

Action by Pearl Stallings Reid and Evelyn Stallings, by guardian and curator, Pearl Stallings Reid, against the Missouri State Life Insurance Company. Judgment for defendant, and plaintiffs appeal.

Affirmed.

Dearmont & Russell, of Cape Girardeau, for appellants.

Spradling & Dalton, of Cape Girardeau, for respondent.

BECKER, J.

Plaintiffs below bring this appeal from the action of the trial court in sustaining a demurrer to their amended petition, in which they seek to recover on a ten-year term policy of insurance. The sole question for determination is whether the amended petition states facts sufficient to constitute a cause of action against the defendant below.

Plaintiffs' amended petition in effect states that on July 20, 1919, the Protective League Life Insurance Company, by its policy, insured the life of Bertha Stallings for a term of ten years beginning September 1, 1918, and ending September 1, 1928, and agreed, in the event of the death of the insured, Bertha Stallings, prior to the first day of September, 1928, upon receipt of due proof thereof, providing the policy was then in force and was then surrendered properly released, to pay $1,000 to Norwin Stallings, Evelyn Stallings, and Pearl Stallings Reid, beneficiaries, if living, otherwise to the insured's executors, administrators, or assigns; that said policy was issued in consideration of the payment in advance of $1.16 on the first day of September, 1918, and of the payment monthly thereafter of a like sum upon each first day of each month during the term of ten years, or until the prior death of the insured; and that all of the monthly payments had been made by the insured during her life according to the terms of the policy.

The petition recites that while the policy of insurance was in force the International Life Insurance Company, and thereafter the Missouri State Life Insurance Company, in turn reinsured said policy and assumed all obligations created by the same.

"Plaintiffs further state that on the 18th day of July, 1928, prior to the expiry date named in said policy, and for the purpose of continuing said policy in force for the month of September, 1928, the said Bertha Stallings paid to the International Life Insurance Company the sum of $2.32, being the amount of premium due on said policy for the month of August, 1928, and for the month of September, 1928; * * * and that the said International Life Insurance Company received said money order from the said Bertha Stallings on the 21st day of July, 1928, and accepted the $1.16 which she had sent as premium on the policy for the month of September, 1928, with full knowledge of the purpose for which the said Bertha Stallings paid the said $1.16; that after receiving the said $1.16, with such knowledge, the said International Life Insurance Company converted the said money order into cash and kept the same in its possession until the 25th day of August, 1928; that on August 1, 1928, the International Life Insurance Company, in response to a prior letter written by the insured, Bertha Stallings, as to why she had not received a receipt for the September, 1928, premium on her policy, wrote the said Bertha Stallings, among other things, as follows: `There is being held here, subject to your order, $1.16 previously remitted,' but never offered in said letter to return to the said Bertha Stallings the said $1.16.

"Plaintiffs further state that on the 25th day of August, 1928, the Missouri State Life Insurance Company reinsured said policy and received from the International Life Insurance Company the said $1.16, together with all letters which had been received by the International Life Insurance Company from the said Bertha Stallings concerning the same, and with full knowledge of the purpose for which the said sum of $1.16 had been sent to the International Life Insurance Company.

"Plaintiffs further state that after the said defendant, Missouri State Life Insurance Company, had reinsured said policy it, by letter dated September 6, 1928, notified the said Bertha Stallings that it had reinsured said policy, and in said letter told her that they were holding $1.16 subject to her order.

"Plaintiffs further state that after the ...