Bergman v. Supreme Tent, Knights of the Maccabees of the World
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis.— Hon. Wilson A. Taylor, Judge. (1) There was a cause and motive for the disappearance of the assured consistent with a continuation of his life. The plaintiff offered no evidence sufficient to overcome the presumption of the continuation of life and to authorize the jury to find the death of the assured prior to seven years’ absence. The demurrer to the evidence, therefore, should have been sustained.
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Appeal from the Circuit Court of the City of St. Louis.— Hon. Wilson A. Taylor, Judge. (1) There was a cause and motive for the disappearance of the assured consistent with a continuation of his life. The plaintiff offered no evidence sufficient to overcome the presumption of the continuation of life and to authorize the jury to find the death of the assured prior to seven years’ absence. The demurrer to the evidence, therefore, should have been sustained. Hancock v. Life Ins. Co., 62 Mo. 26; Lancaster v. Life Ins. Co., 62 Mo. 121; Lawson on Presumptive Evidence, page 251, and authorities…
1Opinion of the Court
BIGGS, C.
A suit based on a benefit certificate issued upon the life of Joseph Bergman by the Knights of The Maccabees of the World, a fraternal beneficial corporation. The certificate was payable on the death of Joseph Bergman to his -wife Mary. The beneficiary being non compos mentis the suit was instituted in the name of her Guardian, Marion Bergman.
No controversy arises over the pleadings, The petition is in the usual form. The answer a general denial.
The only issue arising on the trial was whether the insured Joseph Bergman, was dead on the 1st day of June, 1915, at which date the…
Also in this document: Per curiam.
2Cases cited22 opinions
- Mockowik v. Kansas CitySupreme Court of Missouri · 1906
- Siebert v. PeopleIllinois Supreme Court · 1892
- Tisdale v. Connecticut Mutual Life InsuranceSupreme Court of Iowa · 1868
- Mutual Benefit Life Insurance v. TisdaleSupreme Court of the United States · 1876
- Hancock v. American Life InsuranceSupreme Court of Missouri · 1876
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3Cited by4 opinions
- State Ex Rel. Gott v. Fidelity & Deposit Co.Supreme Court of Missouri · 1927
- English v. United StatesDistrict Court, D. Maryland · 1928
- Bernstein v. Metropolitan Life InsuranceSupreme Judicial Court of Maine · 1943
- Hursh v. CrookSupreme Court of Missouri · 1956