Supreme Council v. Kacer
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Now. Selden P. Spencer, Judge. STATEMENT OF THE CASE. The Royal Arcanum is a fraternal-beneficial association incorporated under the laws of Massachusetts and doing business in this State.
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Appeal from St. Louis City Circuit Court. — Now. Selden P. Spencer, Judge. STATEMENT OF THE CASE. The Royal Arcanum is a fraternal-beneficial association incorporated under the laws of Massachusetts and doing business in this State. On the twelfth day of March, 1886, it issued a benefit certificate on the life of Harry C. Tocum by which it promised to pay to his daughter and only child, Florence, three thousand dollars upon satisfactory evidence of the death of said Harry C. Tocum and the surrender of the certificate, provided said certificate had not previously been surrendered by him and…
1Opinion of the CourtGoode, J.
One feels the need of the repudiated presumptions of the civilians in dealing with this case, in which there is an utter lack of either positive or circumstantial evidence concerning the occurrences necessary to be known in order to render an indubitably correct judgment. The wisdom of the common law in never indulging a presumption as to which of several persons who perished in the same disaster survived longest, has been unduly vaunted; for the civil law has recourse to that means of settling disputes concerning the ownership of property only in instances where there is no proof; and then…
2Cases cited13 opinions
- Masonic Benevolent Ass'n v. BunchSupreme Court of Missouri · 1891
- Newell v. . NicholsNew York Court of Appeals · 1878
- United States Casualty Co. v. KacerSupreme Court of Missouri · 1902
- Fuller v. LinzeeMassachusetts Supreme Judicial Court · 1883
- Paden, Administrator v. BriscoeTexas Supreme Court · 1891
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Colovos' Adm'r v. GouvasCourt of Appeals of Kentucky (pre-1976) · 1937
- Lewine ex rel. Wolford v. Supreme Lodge, Knights of Pythias of the WorldMissouri Court of Appeals · 1907
- Pollard v. GormanCourt of Appeals of Georgia · 1935
- Carpenter v. SeverinSupreme Court of Iowa · 1925
- McKinney v. DepoyIndiana Supreme Court · 1938
4 more not listed; retrieve them via the Exa API.