State Ex Rel. National Council of Knights & Ladies of Security v. Allen

Nellie M. Stark sued relator on a benefit certificate it issued on the life of her son, Earl M. Stark. She recovered judgment for the full amount, and this was affirmed by the St. Louis Court of Appeals. It is this record of that court which the writ of certiorari brings here. The cause was heard in Court in Banc and an opinion rendered. A motion for rehearing was sustained, and the cause was reargued at this term. Earl M. Stark committed suicide, and this is the fact- which gave rise to the original action and gives rise to the controversy. Eelator had tendered an amount it conceded to be…