Brasfield v. Modern Woodmen of America
Missouri Court of Appeals
Appeal from Putnam Circuit Court. — 1Ion. Nat M. Shelton, Judge. (1) The language of the stipulation is equivalent to % statement that the member killed himself while sane as the act would not be of “his own hand” if he were insane when he fired the shot. This, however, is probably immaterial, as the certificate has the “sane or insane” clause,- making it void even though the act should be done if he were a.t the time in an insane condition. Riley v. Ins. Co., 25 Fed.
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Appeal from Putnam Circuit Court. — 1Ion. Nat M. Shelton, Judge. (1) The language of the stipulation is equivalent to % statement that the member killed himself while sane as the act would not be of “his own hand” if he were insane when he fired the shot. This, however, is probably immaterial, as the certificate has the “sane or insane” clause,- making it void even though the act should be done if he were a.t the time in an insane condition. Riley v. Ins. Co., 25 Fed. Rep. 315; Brower v. Ass’n, 74 Mo. App. 490; Bigelow v. Ins. Co., 93 IT. S. 918. (2) Where an assured, while in sound mind,…
1Opinion of the CourtBroaddus, J.
The finding and judgment were for the plaintiff in the trial court, from which defendant appealed. The suit is founded on a benefit certificate issued to Perly Brasfield, the husband of the plaintiff, she being the beneficiary. This certificate among many other provisos, provides that in the event the said Perly Brasfield “shall within three years after becoming a beneficial member of this society die by his own hand whether sane or insane” the certificate will become null and void. This certificate was dated the seventh day of August, 1899, and Brasfield died the twenty-seventh day of…
2Cases cited1 opinion
- American Insurance v. SmithSupreme Court of Missouri · 1881
3Cited by6 opinions
- Schmidt v. Supreme Court United Order of ForestersSupreme Court of Missouri · 1910
- Kroge v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1907
- Brassfield v. Knights of the MaccabeesMissouri Court of Appeals · 1902
- Missey v. Supreme Lodge Knights & Ladies of HonorMissouri Court of Appeals · 1910
- Constable v. Supreme Tent of the MacCabees of the WorldMissouri Court of Appeals · 1926
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