Carpenter v. Supreme Council Legion of Honor
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Yalliant, Judge. Death, like any other fact, may be proved by circumstantial evidence. It is not necessary in case of an alleged disappearance and death either to show that seven years has elapsed since the person was last seen or heard from, or that when last seen he was in contact with a specific peril.
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Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Yalliant, Judge. Death, like any other fact, may be proved by circumstantial evidence. It is not necessary in case of an alleged disappearance and death either to show that seven years has elapsed since the person was last seen or heard from, or that when last seen he was in contact with a specific peril. It is enough if the evidence reasonably shows that, according to -human experience, it is more probable that the person is dead than that he is alive. Hancock v. Ins. Co., 62 Mo. 26-32; Lancaster v. Life Ins. Co., 62* Mo. 121-129;…
1Opinion of the CourtBond, J.
This is an action upon a benefit certificate payable to plaintiff upon the death of her husband, which, and the other facts entitling her to recover, are alleged in her petition. Defendant admitted all the allegations of the petition except the death of the husband. Upon the trial of that issue, plaintiff had judgment for $2,000, the amount named in the benefit certificate, from which defendant appealed. *600The' errors assigned are, first, the refusal of the court to direct a verdict for defendant; second, misreception of evidence.
On the third of January, 1897, the husband of the plaintiff…
2Cases cited1 opinion
- Mcnamee v. MorelandSupreme Court of Iowa · 1868
3Cited by14 opinions
- Bradley v. Modern Woodmen of AmericaMissouri Court of Appeals · 1910
- Kornig v. Western Life Indemnity Co.Supreme Court of Minnesota · 1907
- Brownlee v. Mutual Ben. Health & Accident Ass'nCourt of Appeals for the Ninth Circuit · 1928
- Bergman v. K.O.T.M.Missouri Court of Appeals · 1920
- Lukens v. Camden Trust CompanyNew Jersey Superior Court Appellate Division · 1948
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