Legal Opinion

Cromeens v. Sovereign Camp

Missouri Court of Appeals

Decided June 18, 1921PublishedCited by 6 opinions

Appeal from Circuit Court of Pemiscot County. — Hon. Sterling H. McCarty, Judge. (1) There was no evidence that defendant had any knowledge of the misrepresentations. Latham v. Harvey, 218 S. W. (Mo. App.) 403; Gun v. Lbr. Co., 218 S. W. (Mo. App.) 982; State ex rel. v. Ellison, 270 Mo. Sup. 645; Stidd v. Railway, 236 Mo.

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Appeal from Circuit Court of Pemiscot County. — Hon. Sterling H. McCarty, Judge. (1) There was no evidence that defendant had any knowledge of the misrepresentations. Latham v. Harvey, 218 S. W. (Mo. App.) 403; Gun v. Lbr. Co., 218 S. W. (Mo. App.) 982; State ex rel. v. Ellison, 270 Mo. Sup. 645; Stidd v. Railway, 236 Mo. Sup. 382, 399. (2) Defendant'could not lawfully be required to assume the burden of showing the motive, object or purpose moving the insured to make the false warranties. Aloe v. Ins. Co., 147 Mo. 561; McDermott v. Ins. Co., 97 Mo. App. 646-47-48; Kribs v. Foresters, 191 Mo.…

1Opinion of the CourtBradley, J.

— Plaintiff, the widow of J. Roy Cromeens, deceased, sued to recover upon a policy issued by defendant to her husband in which policy plaintiff was named as the beneficiary. The issues were submitted to a jury, and resulted in a verdict and judgment for plaintiff for the amount of the policy, and defendant appealed.

This cause was previously in this court, the former opinion being reported in Cromeens v. W. O. W., 224 S. W. 15. We remanded the cause when here before because of the exclusion of certain evidence offered by defendant. Insured was a member of the local camp at Oaruthersville, Mo.,…

2Cases cited5 opinions

  1. State Ex Rel. Brotherhood of American Yeoman v. ReynoldsSupreme Court of Missouri · 1921
  2. Brittenham v. Sovereign Camp Woodmen of the WorldMissouri Court of Appeals · 1914
  3. Kribs v. United Order of ForestersMissouri Court of Appeals · 1915
  4. Valleroy v. Knights of ColumbusMissouri Court of Appeals · 1909
  5. Hoagland v. Modern Woodmen of AmericaMissouri Court of Appeals · 1911

3Cited by6 opinions

  1. Schwab v. Brotherhood of American YoemenSupreme Court of Missouri · 1924
  2. International Brotherhood of Boiler-Makers v. WoodSupreme Court of Virginia · 1934
  3. Van Dahl v. Sovereign Camp, Woodmen of the WorldNebraska Supreme Court · 1936
  4. Supreme Lodge of Fraternal Brotherhood v. GrijalvaArizona Supreme Court · 1925
  5. Haney v. Security Benefit Ass'nMissouri Court of Appeals · 1931

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