Missouri Appeal Reports Volume 14

Missouri Appeal Reports Volume 14

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 edition. Excerpt: ...said surviving trustee, and requested him, the said Vogel, as said executor, to take out policies of insurance in the same amount in other insurance companies designated by said surviving trustee; which the said Vogel thereupon refused and still refuses and neglects to do. That thereupon, to wit, on the 25th day of April, A. D. 1881, said plaintiff caused said buildings to be insured, in the sum of $10,000, in companies designated by said surviving trustee, and paid, as premiums therefor, the sum of $145. That said insurance was taken out in lieu of said insurance of $10,000, disapproved of by said surviving trustee. That thereupon said plaintiff de manded of said Vogel as executor as aforesaid, the repayment of said sum of $145," etc. The defendant demurred to this petition as not stating facts sufficient to constitute a cause of action. The demurrer was sustained. Counsel for the defendant argue that the action of the circuit court was right, because, according to the petition, the sums paid for premiums were to " become a part of the debt and bear interest," etc.; wherefore the liability arising, if any, would only mature with the debt of which it is a part, and nothing in the petition shows that this is now due, nor does it appear when it will become due. But counsel overlook the language used in the petition. The allegation is explicit, that " such premiums, so paid, should become a debt additional to the indebtedness described in said deed of trust, ' ' ' and should become due and bear interest ' " ' from the date of their payment." So it is not true, so far as these averments are concerned, either that the liability for premiums paid was to be a part of the original debt, or that the date of its...show more

Product details

  • Paperback | 206 pages
  • 189 x 246 x 11mm | 376g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236872169
  • 9781236872166