Martin v. Modern Woodmen of America
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The petition alleging that Henry J. Wilt died on or about the 14th day of March, 1907, it was- error to admit proof of disappearance. Plaintiff did not attempt to show that Wilt actually died on or about the 14th day of March, 1907, but relied upon the presumption of continued life ceasing at the end of seven years from the time Wilt was last seen.
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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The petition alleging that Henry J. Wilt died on or about the 14th day of March, 1907, it was- error to admit proof of disappearance. Plaintiff did not attempt to show that Wilt actually died on or about the 14th day of March, 1907, but relied upon the presumption of continued life ceasing at the end of seven years from the time Wilt was last seen. The proof must support the allegations of the pleadings. Jones v. Lauderman, 39 Mo. 287; Greene v. Gallagher, 35 Mo. 226; Bradley v. Modern Woodmen, 146 Mo. App. 428. (2)…
1Opinion of the CourtCaulfield, J.
(after stating the facts).— I. Defendant first assigns as error the action of the trial court in “overruling defendant’s objection to any evidence concerning disappearance under the allegation in the pleadings of ‘‘ death at a certain time. ’ ’ This assignment of error is not well taken. The disappearance was one of the facts going to establish the presumption that Wilt died. It was a merely evidential fact and permissible to be shown under the allegation of the ultimate fact of Wilt’s death. Defendant appears to concede this, but lays stress on the fact that the allegation is that Wilt died…
2Cases cited5 opinions
- Knights Templars & Masons Life Indemnity Co. v. CraytonIllinois Supreme Court · 1904
- Brown v. Railway Passenger Assurance Co.Supreme Court of Missouri · 1870
- Okey v. State InsuranceMissouri Court of Appeals · 1888
- Burgess v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1905
- Frame v. Sovereign Camp, Woodmen of the WorldMissouri Court of Appeals · 1896
3Cited by6 opinions
- Ferril v. Kansas City Life InsuranceSupreme Court of Missouri · 1940
- McAdoo v. Metropolitan Life InsuranceMissouri Court of Appeals · 1937
- New York Life Ins. v. GriesedieckCourt of Appeals for the Eighth Circuit · 1941
- Limpus v. New York Life InsuranceMissouri Court of Appeals · 1949
- Taylor v. American Mutual Ass'nMissouri Court of Appeals · 1934
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