Manning v. Prudential Insurance

Decided July 11, 1919

Missouri Court of Appeals · decided 1919-07-11

Louis. Hon. Leo. 8. Bassieur, Judge. (1) The court erred in admitting in evidence the policy in suit and in overruling’ the demurred to the evidence offered at the clise of plaintiff’s case and at the close of the whole case, for the policy was payabJe only to the executors or administrators of the insured and the plaintiff had not qualified as such and was not entitled to sue. Floyd v. Prudential Ins. Co., 72 Mo. App. 455; Braley v. Prudential Ins.

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded, {ivith directions) · Decided 1919-07-11

How this case has been cited

Cited by 17 later decisions — most recently May 1946

2 federal appellate · 15 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1 ON REHEARING.

ALLEN, J.

¶2 On January 7, 1919, an opinion was filed in this cause, with an order reversing the judgment and remanding the cause with directions to dismiss the petition of plaintiff, respondent here. Thereafter respondent’s motion for a rehearing was sustained, and the cause has since been reargued and resubmitted. Upon a further consideration of the crucial question involved in the appeal we have been unable to reach any conclusion other than that expressed in our former opinion. *133 The opinion heretofore filed herein is consequently adopted and refiled as the court’s opinion in the case; and the' judgment is accordingly reversed and the cause remanded with directions to dismiss plaintiff’s petition.

Reynolds, P. J., and Becker, J., concur.