Bozarth v. Lincoln Legion of Honor
Missouri Court of Appeals
Appeal from Adair Circuit Court. — Mon. B. B. Dysart, Special Judge. (1) The demurrer offered by defendant at the close of plaintiff’s evidence should have been sustained; because plaintiff had wholly failed to prove that Charles D. Bozarth had complied with the terms of his contract with defendant. The answer specifically denied performance, and plaintiff must prove a performance of its terms in every essential particular before a recovery can be sustained.
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Appeal from Adair Circuit Court. — Mon. B. B. Dysart, Special Judge. (1) The demurrer offered by defendant at the close of plaintiff’s evidence should have been sustained; because plaintiff had wholly failed to prove that Charles D. Bozarth had complied with the terms of his contract with defendant. The answer specifically denied performance, and plaintiff must prove a performance of its terms in every essential particular before a recovery can be sustained. Marsh v. Richards, 29 Mo. 99; Eyermann v. Mt. Sinai Cemetery Association, 61 Mo. 489; Ereeman v. Aylor, 62 Mo. App. 613; Billsups v.…
1Opinion of the CourtSmith, P. J.
Plaintiff is the widow of Charles D. Bozarth who died December 6, 1899. He became a member of the defendant benevolent insurance society in February, 1899, and received from it a benefit certificate for one thou*566sand dollars, payable to plaintiff. Defendant denied liability and refused to pay the certificate to plaintiff, and she thereupon brought this action and recovered judgment in the trial court.
The cause was submitted to B. R. Dysart, Esq., as special judge, a jury being waived. No instructions were asked and we have therefore only to consider whether there was evidence in the case to…
2Cases cited12 opinions
- Hamilton v. BoggessSupreme Court of Missouri · 1876
- Cunningham v. SnowSupreme Court of Missouri · 1884
- Gaines v. FenderSupreme Court of Missouri · 1884
- Weilandy v. LemuelSupreme Court of Missouri · 1871
- Swayze v. BrideMissouri Court of Appeals · 1889
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3Cited by4 opinions
- Jordan v. DavisSupreme Court of Missouri · 1903
- Montgomery v. SchwaldMissouri Court of Appeals · 1914
- State v. ColemanMissouri Court of Appeals · 1904
- Rogers, Worley & Carson v. HopperMissouri Court of Appeals · 1902