Robinson v. Metropolitan Life Ins. Co.

• Decision Date: 29 March 1904
• Citation: 105 Mo. App. 567,80 S.W. 9
• Parties: ROBINSON v. METROPOLITAN LIFE INS. CO.
• Court: Missouri Court of Appeals

80 S.W. 9

105 Mo. App. 567

ROBINSON v. METROPOLITAN LIFE INS. CO.

St. Louis Court of Appeals. Missouri.

March 29, 1904.

INSURANCE—PLEADING—OBJECTION TO EVIDENCE—SUFFICIENCY AFTER VERDICT.

1. Where a petition stated a cause of action defectively, an objection thereto only by an objection to the admission of evidence to prove the same could not be sustained.

2. Where, in an action on a policy, the petition alleged defendant's incorporation, set out the policy, and alleged the death of insured during its continuance, after his having paid all assessments and complied with all conditions, wherefore defendant became indebted to plaintiff, who was assured's wife, to the amount of the policy, interest, and costs, alleged to be due and unpaid, it stated a good cause of action imperfectly, and was therefore sufficient after verdict to support a judgment in plaintiff's favor, under Rev. St. 1899, §§ 629, 672, requiring pleadings to be liberally construed.

Appeal from St. Louis Circuit Court; J. W. McElhinney, Judge.

Action by Emma W. Robinson against the Metropolitan Life Insurance Company. From a judgment in favor of plaintiff, defendant appeals. Affirmed.

Nathan Frank and R. A. Jones, for appellant. Walther & Meunch, for respondent.

REYBURN, J.

The only question urged by appellant is the sufficiency of the statement of plaintiff's cause of action, as follows: "Plaintiff, for cause of action, states that defendant is a corporation incorporated under the laws of the state of New York, and doing business and having an office in the city of St. Louis, Missouri. Plaintiff further states that she was, up to the time of his death, the wife of one John F. Robinson; that defendant on the 15th day of November, 1901, in consideration of payment by said John F. Robinson to defendant of a premium of $22.21 semiannually during his life, and not to exceed 20 years, executed and delivered to said John F. Robinson its policy of insurance, in writing, whereby it insured his life in the sum of one thousand dollars for the benefit of plaintiff. The said policy is herewith filed, and marked `Exhibit A.' Plaintiff further states that said John F. Robinson died at the city of St. Louis on the 11th day of April, 1902, and up to the time of his death all the premiums accrued and due upon policy were duly paid, and that the said Robinson in all respects complied with the conditions and provisions of aforesaid policy; that plaintiff, immediately upon the death of said John F. Robinson, notified defendant of said fact, and did make proofs of death to defendant, in the manner and to the extent required, by blanks furnished by said defendant, which proofs were approved by defendant; that plaintiff has duly demanded from defendant payment of the sum of one thousand dollars, the amount of said policy, but the same has not been paid by defendant, nor has any part thereof been paid, and defendant is now justly indebted to plaintiff in said one thousand dollars, together with...