United States Casualty Co. v. Kacer
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Franlclin Ferris, Judge. (1) Where title to property depends upon the question of survivorship of persons shown to have perished in a common catastrophe, and further direct evidence is not obtainable, the law will raise no presumptions of survivorship based on age, sex or condition, and the person claiming through survivorship mfust fail.
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Appeal from St. Louis City Circuit Court. — Hon. Franlclin Ferris, Judge. (1) Where title to property depends upon the question of survivorship of persons shown to have perished in a common catastrophe, and further direct evidence is not obtainable, the law will raise no presumptions of survivorship based on age, sex or condition, and the person claiming through survivorship mfust fail. It may also be safely conceded here that there is no technical legal presumption that all died simultaneously; but neither is there any presumption to the contrary. And it follows from the necessity of the…
1Opinion of the CourtMarshall, J.
— This is a bill of interpleader, in equity, to determine the right to eight- thousand dollars, proceeds of two policies of accident insurance, issued by the *307plaintiff upon the life of Harry C. Yocum, and. by the company paid into court. The interpleaders represent, respectively, the legal representatives of Harry C. Yocum, the assured, and his daughter Florence, the primary beneficiary under the policies.
At the request of the appellant, the circuit court made a special finding of fact under section 685, Revised Statutes 1899, which, although not binding upon this court-in this ■equity cáse,…
2Cases cited10 opinions
- Newell v. . NicholsNew York Court of Appeals · 1878
- Fuller v. LinzeeMassachusetts Supreme Judicial Court · 1883
- Millard v. BraytonMassachusetts Supreme Judicial Court · 1901
- Paden, Administrator v. BriscoeTexas Supreme Court · 1891
- Hopkins v. Northwestern Life Assur. Co.Court of Appeals for the Third Circuit · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Westerman v. Supreme Lodge Knights of PythiasSupreme Court of Missouri · 1906
- Barnett, Admr. v. Couey, Admr.Missouri Court of Appeals · 1930
- McGowin v. . MenkenNew York Court of Appeals · 1918
- Dunn v. New Amsterdam Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Grose v. HollandSupreme Court of Missouri · 1948
31 more not listed; retrieve them via the Exa API.