Mitchell v. American Mutual Ass'n

This is an action to recover upon an alleged certificate of membership and of insurance issued by defendant to J. Ralph Mitchell, husband of plaintiff, the beneficiary. Upon trial before a jury, plaintiff had a verdict for $2000, and defendant duly appealed. The principal point urged by appellant is that the trial court erred in refusing defendant's peremptory instruction in the nature of a demurrer to the evidence requested at the close of the case.

The petition alleges that defendant is a corporation engaged in life insurance with its chief office at Osceola. Missouri; that J. Ralph Mitchell…