Modern Woodmen of America v. Angle
Missouri Court of Appeals
Appeal from Louisiana Court of Common Pleas.—Eon. David E. Eby, Judge. (1) Defendant Angle was a patient of Dr. Pearson, and therefore Dr. Pearson’s testimony of what he learned of Angle’s condition while treating him professionally was improperly admitted over Angle’s objection.
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Appeal from Louisiana Court of Common Pleas.—Eon. David E. Eby, Judge. (1) Defendant Angle was a patient of Dr. Pearson, and therefore Dr. Pearson’s testimony of what he learned of Angle’s condition while treating him professionally was improperly admitted over Angle’s objection. Section 4659, chap. 64, R. S. 1899; Gartside v. Insurance Co., 76 Mo. 446; Thompson v. Ish, 99 Mo. 173; Ex parte Gfeller, 178 Mo. 267; State v. Kennedy, 177 Mo, 129. (2) The plaintiff claims the right to introduce the evidence of Dr. Pearson on account of the following language in the application, to-wit:. “And I…
1Opinion of the CourtNortoni, J.
This suit is in equity and seeks the cancellation of a benefit certificate issued by the plaintiff fraternal society to the insured defendant and payable in event of his prior death to the other defendants, who are the wife and daughter of the insured. It appears the insured defendant has departed this life since the appeal was perfected, his death has been suggested in this court, and the case now stands revived in the name of Amanda Angle, his widow, and administratrix.
It is alleged in the bill in substance, that the insured défendant procured the insurance by means of, several false and…
Also in this document: Concurrence.
2Cases cited30 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- New York Life Insurance v. FletcherSupreme Court of the United States · 1886
- Thompson v. IshSupreme Court of Missouri · 1889
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- Whelan v. ReillySupreme Court of Missouri · 1876
25 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Metropolitan Life Insurance Co. v. AlterovitzIndiana Supreme Court · 1938
- Texas State Mut. Fire Ins. v. RichbourgTexas Commission of Appeals · 1924
- Dickinson v. Bankers Life & Casualty CompanyMissouri Court of Appeals · 1955
- Gillan v. Equitable Life Assurance SocietyNebraska Supreme Court · 1943
- Layton v. New York Life InsuranceCalifornia Court of Appeal · 1921
29 more not listed; retrieve them via the Exa API.