Legal Opinion

Richey v. Woodmen of the World

Missouri Court of Appeals

Decided April 1, 1912PublishedCited by 19 opinions

Appeal from Nodaway Circuit Court. — How. William G. Ellison, Judge. (1) The court erred in refusing to give appellant’s peremptory instruction at the close of all the evidence. Egan v. Ins. Co., 80 N. W. 1020; 105 Wis. 217; Thiebaud v. Woodmen of the World, 69 Pac. 348, 65 Kan. 332; W. O'. W. v. Hruby, 96 N. W. (Neb.) 998; W. O. W. v. Huyler, 24 Ind. App. 109; Mason v..

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Appeal from Nodaway Circuit Court. — How. William G. Ellison, Judge. (1) The court erred in refusing to give appellant’s peremptory instruction at the close of all the evidence. Egan v. Ins. Co., 80 N. W. 1020; 105 Wis. 217; Thiebaud v. Woodmen of the World, 69 Pac. 348, 65 Kan. 332; W. O'. W. v. Hruby, 96 N. W. (Neb.) 998; W. O. W. v. Huyler, 24 Ind. App. 109; Mason v.. Supreme Lodge, 109 111. App. 10; Fletcher v. Sovereign Camp, 81 Miss. 249. Same facts passed on in 78 Miss. 377 and 111 Fed. 773. (2) The verdict and judgment were against the evidence, the proof of suicide being so clear as…

1Opinion of the CourtJohnson, J.

This suit is on a death benefit certificate issued by a fraternal beneficiary association incorporated in Nebraska and licensed -to do business in this state. The certificate contains a stipulation against suicide and the sole issue submitted to the jury was whether or not the death of the holder was self-inflicted with suicidal intent. The jury decided that issue in favor of plaintiff and defendant, appeal- ‘ ing from the judgment rendered on that verdict, asks us to hold as a matter of law that the defense of suicide indisputably was proved.

Plaintiff, the beneficiary named in the…

2Cases cited4 opinions

  1. Agen v. Metropolitan Life InsuranceWisconsin Supreme Court · 1900
  2. Adams County Bank v. HainlineMissouri Court of Appeals · 1896
  3. Almond v. Modern Woodmen of AmericaMissouri Court of Appeals · 1908
  4. Claver v. Woodmen of the WorldMissouri Court of Appeals · 1911

3Cited by19 opinions

  1. Wendorff v. Missouri State Life InsuranceSupreme Court of Missouri · 1927
  2. Brunswick v. Standard Accident InsuranceSupreme Court of Missouri · 1919
  3. Edwards v. Business Men's Assurance Co. of AmericaSupreme Court of Missouri · 1942
  4. Nichols v. New York Life InsuranceMontana Supreme Court · 1930
  5. Gooden v. Modern Woodmen of AmericaMissouri Court of Appeals · 1916

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