Neudeck v. Grand Lodge American Order of United Workmen
Missouri Court of Appeals
Appeal from the Cass Circuit Court. — Hon. W. W. Wood, Judge. (1) The proofs of death, furnished by the lodge in accordance with the laws of the order, should have been admitted in evidence because it was part of ’ the contract of Buddy that these proofs should be furnished and that upon them the defendant should determine its liability. Under the contract in this case the proofs of death were admissible as prima facie evidence of the fact stated therein. Ins.
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Appeal from the Cass Circuit Court. — Hon. W. W. Wood, Judge. (1) The proofs of death, furnished by the lodge in accordance with the laws of the order, should have been admitted in evidence because it was part of ’ the contract of Buddy that these proofs should be furnished and that upon them the defendant should determine its liability. Under the contract in this case the proofs of death were admissible as prima facie evidence of the fact stated therein. Ins. Co. v. Higgenbotham, 95 U. S. 380; Ins. Co. v. Newton, 22 Wallace 32; Bents v. Aid Ass’n, 40 Minn. 202; 41 N. W. Rep. 1037; Bachmeyer…
1Opinion of the Court
Smith P. J.
Susan E. Neudeek, the wife of the other plaintiff and daughter of Frederick Buddy, now deceased, brought this action on a benefit certificate issued by the defendant, an incorporated benevolent society in this state, to her father, the said Frederick Buddy, in his lifetime, to recover the sum of $2,000, which amount defendant, by the terms of said benefit certificate, agreed to pay plaintiff on the death of said Buddy, which plaintiffs allege in their petition was caused by apoplexy.
The answer of the defendant admitted the issue ■and delivery to the said Buddy of the said…
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