Cummings v. Sovereign Camp of the Woodmen of the World
Missouri Court of Appeals
Appeal from Jasper Circuit Court, Division Number One. — Hon. Joseph B. Perkins, Judge. (1) Tbe court erred in refusing to give appellant’s peremptory instruction at the close of the evi-deuce. Richey v. Woodmen of the World, 163 Mo. App. 235; Egan.v. Life Ins. Co., 80 N. W. 1020, 105 Wis. 217; Thieband v. Woodmen of the World, 69 Pac. 348, 65 Kan. 332; W. O. W. v. Hruby, 96 N. W. (Neb.) 998; W. O. W. v. Huyler, 24 Ind. App. 109; Mason v. Supreme Lodge, 109 Ill.
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Appeal from Jasper Circuit Court, Division Number One. — Hon. Joseph B. Perkins, Judge. (1) Tbe court erred in refusing to give appellant’s peremptory instruction at the close of the evi-deuce. Richey v. Woodmen of the World, 163 Mo. App. 235; Egan.v. Life Ins. Co., 80 N. W. 1020, 105 Wis. 217; Thieband v. Woodmen of the World, 69 Pac. 348, 65 Kan. 332; W. O. W. v. Hruby, 96 N. W. (Neb.) 998; W. O. W. v. Huyler, 24 Ind. App. 109; Mason v. Supreme Lodge, 109 Ill. App. 10; Hardinger v. M. B. A., 103 N. W. (Neb.) 74. (2) The verdict and judgment were against the evidence, the proof that W. A.…
1Opinion of the Court
FARRINGTON, J. —
This was a suit brought by the respondent, the widow of W. A. Cummings, who in his lifetime held a beneficiary certificate in the de*198fendant order. It appears that when the deceased met his death on January 23,1912', he was in good standing-in the order. The defendant seeks to evade the payment to the plaintiff, the beneficiary in the certificate, first, on the ground that the insured came to his death as the direct result of drinking intoxicating, liquors, and second, that he committed suicide. The following provisions of the beneficiary certificate are pleaded in the answer:
“I…
Also in this document: Concurrence.
2Cases cited8 opinions
- Wolff v. CampbellSupreme Court of Missouri · 1892
- Trout v. Laclede Gaslight Co.Missouri Court of Appeals · 1910
- Richey v. Woodmen of the WorldMissouri Court of Appeals · 1912
- H. A. Johnson & Co. v. Springfield Ice & Refrigerating Co.Missouri Court of Appeals · 1910
- Neil v. Cunningham Store Co.Missouri Court of Appeals · 1910
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