New York Life Ins. Co. v. Rankin

Citations

• 162 F. 103
• 89 C.C.A. 103
• 1908 U.S. App. LEXIS 4425

Syllabus

<p>1. Action — Joinder of Causes — Rifading—Petition— Singhs Right of Recovery Differentia Stated in Distinct Counts — Inconsistency—Missouri Statute.</p> <p>Under the reformed system of pleading in the state of Missouri, a cause of action upon a policy of insurance and a cause of action upon a compromise agreement respecting the claim under the policy may be joined in distinct counts of the same petition, where the counts are not inconsistent in matter of fact, and it appears therefrom that the plaintiff asserts but a single right of recovery, which is so stated and described in the two counts as to enable him to recover upon the policy or the compromise agreement, as one or the other may prove to be the true basis and measure of his right.</p> <p>2. Evidence— Unaccepted Offers of Compromise Inadmissible.</p> <p>Unaccepted offers to compromise claims or to purchase peace are inadmissible in evidence at the trial of controversies over the claims to which they appertain, and should not be permitted to affect the rights of the parties or to influence the results of the trials.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. yol. 20, Evidence, §§ 745-753.]</p> <p>3. Same — Declarations oe Attorney — When Admissible Against Client-Personal Opinion — Loose Conversation.</p> <p>The declarations of the general solicitor of an insurance company are inadmissible against the company, both when they are merely the expression of his personal opinion and when they relate to features of the company’s business having no necessary connection with the duties of its law officer, and respecting which it is not otherwise shown that he is authorized to make admissions on its behalf.</p> <p>4. Appeal and Error — Assignments op Error — Plain Error Not Assigned.</p> <p>While errors not assigned in conformity with the rule on that subject will not ordinarily be considered, a x>lain error may be noticed, when justice requires it, though it be not so assigned.</p> <p>[Ed. Note. — For c