Legal Opinion

Gilmore v. Modern Brotherhood of America

Missouri Court of Appeals

Decided December 12, 1914PublishedCited by 16 opinions

Appeal from Dunklin County Circuit Court. — Eon. W. S. G. Walker, Judge. (1) When appellant proved the death of David Gilmore, the denial of liability on the part of the respondent, and offered the certificate sued on, she established a prima-faeie ease which entitled her to a verdict. Mulroy v. Knights of Honor, 28 Mo. App. 463; Keily v. Knights of Father Matthew, .162 S. W. 682; Forse v. Knights of Honor, 41 Mo. App. 117; Chadwick v. Order Triple Alliance, 56 Mo.

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Appeal from Dunklin County Circuit Court. — Eon. W. S. G. Walker, Judge. (1) When appellant proved the death of David Gilmore, the denial of liability on the part of the respondent, and offered the certificate sued on, she established a prima-faeie ease which entitled her to a verdict. Mulroy v. Knights of Honor, 28 Mo. App. 463; Keily v. Knights of Father Matthew, .162 S. W. 682; Forse v. Knights of Honor, 41 Mo. App. 117; Chadwick v. Order Triple Alliance, 56 Mo. App. 474; McComas v. Life Ins. Co., 56 Mo. 573; Rippstein v. Life Ins. Co., 57 Mo. 87; Canveren v. Ancient Order of Pyramids, 98…

1Opinion of the CourtFarrington, J.

— This is an action by the widow of David Gilmore on a beneficiary certificate for the snm of $1000 in which her husband was the assured and she was named the beneficiary. The certificate was issued on November 20, 1912, and was delivered by the secretary of the local lodge of the Modern Brotherhood of America at Cardwell, Mo., either on December 4th or1 December 14th, 1912, at which time the proper amount was paid by the assured to the secretary of the local lodge. David Gilmore died on January 5,1913, from the ravages of pneumonia. The Supreme Lodge declined to furnish blanks on which proof…

2Cases cited10 opinions

  1. Mockowik v. Kansas CitySupreme Court of Missouri · 1906
  2. Westerman v. Supreme Lodge Knights of PythiasSupreme Court of Missouri · 1906
  3. May v. CrawfordSupreme Court of Missouri · 1899
  4. Gilpin v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1906
  5. Schaub v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1908

5 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Lafferty v. Kansas City Casualty Co.Supreme Court of Missouri · 1921
  2. Shotwell v. First National BankNebraska Supreme Court · 1934
  3. Arel v. First National Fire InsuranceMissouri Court of Appeals · 1916
  4. Davis v. National Council of the Knights & Ladies of SecurityMissouri Court of Appeals · 1917
  5. Thompson v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1915

11 more not listed; retrieve them via the Exa API.

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