Legal Opinion

Winter v. Supreme Lodge Knights of Pythias

Missouri Court of Appeals

Decided August 6, 1902PublishedCited by 30 opinions

Appeal from St. Louis City Circuit Court. — Hon. Bel- , don P. Spencer, Judge. (1) An absentee shown not to have been heard of for seven years by persons who, if he had been alive, would naturally have heard of him, is presumed to have been alive until the expiration of such seven years, and to have died at the end of that term. Lawson on Presumptive Evidence, p. 251; Kanz v. Great Council,'13 Mo. App. 341; Lancaster, Adm’r v. Ins. Co., 62 Mo. 128; Hancock v. Ins.

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Appeal from St. Louis City Circuit Court. — Hon. Bel- , don P. Spencer, Judge. (1) An absentee shown not to have been heard of for seven years by persons who, if he had been alive, would naturally have heard of him, is presumed to have been alive until the expiration of such seven years, and to have died at the end of that term. Lawson on Presumptive Evidence, p. 251; Kanz v. Great Council,'13 Mo. App. 341; Lancaster, Adm’r v. Ins. Co., 62 Mo. 128; Hancock v. Ins. Co., 62 Mo. 32. (2) In order to overcome the presumption of life until the end of the seven-year period, it is necessary to show…

1Opinion of the CourtBarclay, J.

Plaintiff was the wife of Gustave Winter. She sues on a certificate of membership, in the nature of a policy of insurance for $2,000, issued by the Supreme Lodge, Knights of Pythias of the World. The latter is a fraternal society, incorporated under an act of Congress. The branch or department of the society which conducts the business of insurance is called the “endowment rank.” It is managed by a board of control, which deals with the insured members through branches or subdivisions called “sections.” The laws, rules and regulations of the defendant require monthly payments to be made upon…

2Cases cited32 opinions

  1. Scott v. McNealSupreme Court of the United States · 1894
  2. Davie v. BriggsSupreme Court of the United States · 1878
  3. Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
  4. Knights of Pythias v. WithersSupreme Court of the United States · 1900
  5. Tisdale v. Connecticut Mutual Life InsuranceSupreme Court of Iowa · 1868

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3Cited by30 opinions

  1. Brunswick v. Standard Accident InsuranceSupreme Court of Missouri · 1919
  2. Young v. Railway Mail Ass'nMissouri Court of Appeals · 1907
  3. Kenefick & Hammond v. Norwich Union Fire InsuranceSupreme Court of Missouri · 1907
  4. Parks v. CoyneMissouri Court of Appeals · 1911
  5. Bradley v. Modern Woodmen of AmericaMissouri Court of Appeals · 1910

25 more not listed; retrieve them via the Exa API.

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