Rippstein v. St. Louis Mut. Life Ins. Co.
| Decision Date | 31 July 1874 |
| Citation | 57 Mo. 86 |
| Parties | WILHELMINE RIPPSTEIN, et al., Respondents, v. THE ST. LOUIS MUTUAL LIFE INSURANCE CO., Appellant. |
| Court | Missouri Supreme Court |
Appeal from Gasconade Circuit Court.
R. E. Rombauer and Cline, Jameson & Day, for Appellant.
Lay & Belch, for Respondents.
This was an action on a life policy of insurance issued by the defendant to Gottlieb Rippstein insuring his life in the sum of five thousand dollars, and which, upon his death, before a certain period, was to be paid to his heirs. The plaintiffs sue as his heirs and allege that he died before the period referred to, in the county of Gasconade. The policy exempts the defendant from all liability in case his death was occasioned by delirium tremens.
The defendant, in its answer, pleaded to the jurisdiction of the court, on the ground that its chief office of business was in St. Louis, and that the cause of action could not arise in Gasconade County where the suit was brought. The answer stated, that the defendant appeared only for the purpose of pleading to the jurisdiction; but in the same answer the defendant denied the material allegations of the petition and set up as a defense, that the said Gottlieb Rippstein died of delirium tremens, and that the plaintiffs did not comply with the terms of the policy and by-laws, in making proofs of the death, etc. The court tried the plea to the jurisdiction first, and found for the plaintiffs, and the defendant excepted.
The 28th section of the corporation law (1 Wagn. Stat., 294) allows suits to be brought either in the county where the cause of action accrued, or in the county where corporations have, or usually keep, an officer or agent for the transaction of their business. This cause of action accrued upon the death of the insured, which occurred in Gasconade County. The contract, though made in St. Louis county, was transitory and followed the person of the insured, and the cause of action accrued by his death in Gasconade County. But the appearance to the merits and setting up a defense in bar to the action, waived the matter of abatement, and it is, therefore, immaterial whether the court decided this plea rightly or wrongly. (Fugate vs. Glasscock, 7 Mo., 377; Cannon vs. McManus, 17 Mo., 345.)
The case on the merits was submitted to a jury and resulted in a verdict and judgment for the plaintiffs, from which the defendant has appealed to this court.
After the death of the insured, the...
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