Dobyns v. Bay State Beneficiary Ass'n
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) The letter of Dobyns to the defendant is conclusive that his certificate had lapsed and was not in force at the time of his death. The correct doctrine is that statements made by the insured as to the cause of his suspension are competent evidence to prove the fact of the suspension. Bacon’s Ben. Soc. and Life Ins., sec. 460; Life Ass’n v. Winn, 33 S. W. Rep. 1045; Chartrand v. Brace, 16 Col. 19; Aihenv.
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Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) The letter of Dobyns to the defendant is conclusive that his certificate had lapsed and was not in force at the time of his death. The correct doctrine is that statements made by the insured as to the cause of his suspension are competent evidence to prove the fact of the suspension. Bacon’s Ben. Soc. and Life Ins., sec. 460; Life Ass’n v. Winn, 33 S. W. Rep. 1045; Chartrand v. Brace, 16 Col. 19; Aihenv. Mass. Ben. Ass’n, 13 N. Y. Sup. 579; Wells v, Mut. Ben. Ass’n, 126 Mo. 630; Masonic, Etc., v. Bunch, 109 Mo. 560; Stewart v.…
1Opinion of the CourtGantt, P. J.
This is an -action upon a policy of life insurance issued by the defendant to. Benjamin F. Dobyns for the benefit of his wife, the plaintiff, on the seventh day of April, 1894, the premiums to be paid semi-annually in advance and to amount to $34.20 each. The policy is numbered 31109, and insured the *99life of said B. E. Dobyns for $3,000. The terms of the policy necessary to be quoted at this time are as follows:
“No. 31109. Amount, $3,000.
“The Bay State Beneficiaba Association,
“Westfield, Massachusetts,
“Age, 48,
"In consideration of the payment of thirty-four dollars and twenty cents by…
2Cases cited13 opinions
- New York Central Insurance v. National Protection InsuranceNew York Supreme Court · 1854
- Baker v. . the Union Mutual Life Ins. Co.New York Court of Appeals · 1871
- Pitt v. Berkshire Life InsuranceMassachusetts Supreme Judicial Court · 1868
- McAllister v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1869
- Hanford v. Massachusetts Benefit Ass'nSupreme Court of Missouri · 1894
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Reliance Life Insurance v. HightowerSupreme Court of Georgia · 1919
- Williams v. Empire Mutual Annuity & Life InsuranceCourt of Appeals of Georgia · 1910
- Jacobs v. Omaha Life Ass'nSupreme Court of Missouri · 1898
- Dunken v. &198tna Life Ins. Co.Court of Appeals of Texas · 1920
- Mutual Reserve Life Ins. Co. v. HeidelCourt of Appeals for the Eighth Circuit · 1908
12 more not listed; retrieve them via the Exa API.