Watkins v. Brotherhood of American Yeomen
Missouri Court of Appeals
Appeal from Jackson Circuit Court.—Ho». A. G. Southern, Judge. (1) The court erred in permitting plaintiff to introduce any evidence for the reason that the certificate sued on was never filed in the court and no legal verified copy of the same filed. The pretended verified copy was sworn to by John G. Park, one of plaintiff’s attorneys (Sec. 1841, R. S. 1909, does not permit this). Gewe v. Hanszen, 85 Mo.
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Appeal from Jackson Circuit Court.—Ho». A. G. Southern, Judge. (1) The court erred in permitting plaintiff to introduce any evidence for the reason that the certificate sued on was never filed in the court and no legal verified copy of the same filed. The pretended verified copy was sworn to by John G. Park, one of plaintiff’s attorneys (Sec. 1841, R. S. 1909, does not permit this). Gewe v. Hanszen, 85 Mo. App. 136. (2) The court at the close of all the evidence erred in overruling defendant’s demurrer and directing a verdict for defendant. The entire evidence shows undisputed that the…
1Opinion of the CourtTrimble, J.
Plaintiff sues upon a certificate of insurance, issued to her husband by the defendant, a fraternal beneficiary association.
Defendant says the husband had forfeited his insurance for nonpayment of dues within the time required by the by-laws of the order and the terms of the certificate. Plaintiff contends that these provisions in the insurer’s favor are waived and cannot now be relied upon.
This issue was- tried and the jury found for plaintiff. Defendant has appealed.
The certificate was issued March 12, 1912. Watkins, the insured, was to pay every month the sum of $1.80 which, for brevity,…
2Cases cited16 opinions
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- Mulroy v. Supreme Lodge of the Knights of HonorMissouri Court of Appeals · 1888
- Gruwell v. National Council Knights & Ladies of SecurityMissouri Court of Appeals · 1907
- Hannibal & St. Joseph Railroad v. KnudsonSupreme Court of Missouri · 1876
- Keys v. National Council Knights & Ladies of SecurityMissouri Court of Appeals · 1913
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3Cited by4 opinions
- Hay v. Bankers Life Co.Missouri Court of Appeals · 1921
- Bonnot v. Grand Lodge, Brotherhood of Railroad TrainmenMissouri Court of Appeals · 1935
- Kennedy v. Supreme Tent of the Knights of the Maccabees of the WorldWashington Supreme Court · 1918
- Simmons v. Universal Life InsuranceMissouri Court of Appeals · 1933