Kornfeld v. Supreme Lodge Order of Mutual Protection
Missouri Court of Appeals
■Appeal from the St. Louis City Circuit Court.— Hon. John A. Talty, Judge. The court erred in refusing defendant’s instruction that plaintiffs having admitted in proofs of death that assured died from suicide, the burden was on them to show it resulted from accident or natural causes, and not suicide, and erred in giving plaintiffs’ instruction as to onus. 2 Bac. on Ben. Soc., sec. 471, p. 947; Niblack on Ben. 630; Ins. Co. v. Neivton, 89 TJ. S. 32; Cratty v. Ins.
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■Appeal from the St. Louis City Circuit Court.— Hon. John A. Talty, Judge. The court erred in refusing defendant’s instruction that plaintiffs having admitted in proofs of death that assured died from suicide, the burden was on them to show it resulted from accident or natural causes, and not suicide, and erred in giving plaintiffs’ instruction as to onus. 2 Bac. on Ben. Soc., sec. 471, p. 947; Niblack on Ben. 630; Ins. Co. v. Neivton, 89 TJ. S. 32; Cratty v. Ins. Co., 144 Id. 626. The demurrer to the evidence should have been sustained, and the verdict of the jury set aside. Merrett v.…
1Opinion of the CourtBland, P. J.
Frank F. Kornfeld, a young man, at the time of his death was a member of the subordinate lodge of the Order of Mutual Protection, a protective beneficiary corporation, under the laws of the state *606of Missouri; he held a benefit certificate issued by the supreme lodge of the order. This certificate was dated February 13, 1893, and provided, among other things, that if, at the time of his death, he had complied with all the laws of the order, regulations and charter of the order, the order would pay to his parents, Jonas Kornfeld and Trasia Kornfeld (plaintiffs herein), one half of one…
2Cases cited5 opinions
- Jackson v. HardinSupreme Court of Missouri · 1884
- Powell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Reichenbach v. EllerbeSupreme Court of Missouri · 1893
- Burger v. St. Louis, Keokuk & Northwestern Railway Co.Missouri Court of Appeals · 1892
- Gerrans v. George Wenger Machinery & Supplies Manufacturing Co.Missouri Court of Appeals · 1892
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- Allen v. Travelers Protective Ass'n of AmericaSupreme Court of Iowa · 1913