Kauz v. Great Council of the Improved Order of Red Men
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Adams, J. The statute did not begin to run until the death of the insured, which was not until seven years after his disappearance.— Hancock v. Insurance Co., 62 Mo. 26. The bar created by the statute is ten years. —Rev. Stats., sect. 3229 ; Reyburn v. Casey, 29 Mo. 129 ; Shelton v. Rodney, 1 Mo. App. 130. The death did not entitle the suit to be brought. — Sims v. Insurance Co., 47 Mo. 54; Kirk v. Insurance Co., 13 Ch. Leg.
Read the full summary
Appeal from the St. Louis Circuit Court, Adams, J. The statute did not begin to run until the death of the insured, which was not until seven years after his disappearance.— Hancock v. Insurance Co., 62 Mo. 26. The bar created by the statute is ten years. —Rev. Stats., sect. 3229 ; Reyburn v. Casey, 29 Mo. 129 ; Shelton v. Rodney, 1 Mo. App. 130. The death did not entitle the suit to be brought. — Sims v. Insurance Co., 47 Mo. 54; Kirk v. Insurance Co., 13 Ch. Leg. N. 272. The acts of the defendant created an estoppel.— Organ v. Insurance Co., 3 Mo. App. 572; Rakes v. Insurance Co., 51 Md.…
1Opinion of the CourtBakewell, J.
This is an action against a benevolent corporation, by the widow of a deceased member, for the amount payable to her on the death of her husband. The petition alleges that the husband of plaintiff disappeared in July, 1874, and has been absent and unheard of for seven years, and that he is dead. The answer is a general denial; and the defendant also pleads that the action was not begun within five years after the action accrued. The cause was tried by the court without a jury, and the finding and judgment were for defendant.
It appears from the charter of defendant that $500 is payable to the…
2Cases cited3 opinions
- Hancock v. American Life InsuranceSupreme Court of Missouri · 1876
- Carr v. ThompsonSupreme Court of Missouri · 1878
- Loomis v. BrushMichigan Supreme Court · 1877
3Cited by11 opinions
- Prudential Insurance Co. v. SailorsCourt of Appeals of Georgia · 1943
- Travelers Ins. Co. v. BancroftCourt of Appeals for the Tenth Circuit · 1933
- Burton v. Metropolitan Life InsuranceCourt of Appeals of Georgia · 1934
- Nicols v. Board of Police Pension Fund CommissionersCalifornia Court of Appeal · 1905
- Shearlock v. Mutual Life InsuranceMissouri Court of Appeals · 1916
6 more not listed; retrieve them via the Exa API.