Hoagland v. Modern Woodmen of America
Missouri Court of Appeals
Appeal from Hannibal Court of Common Pleas. — Hon. David H. Eby, Judge. It is well settled that before an impeaching witness can be called to prove that another witness made statements or declarations indicating bias, a proper foundation must be laid by giving said witness an opportunity to deny or explain away such supposed utterance indicating bias, before the testimony of the impeaching witness can be heard.
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Appeal from Hannibal Court of Common Pleas. — Hon. David H. Eby, Judge. It is well settled that before an impeaching witness can be called to prove that another witness made statements or declarations indicating bias, a proper foundation must be laid by giving said witness an opportunity to deny or explain away such supposed utterance indicating bias, before the testimony of the impeaching witness can be heard. Weaver v. Traylor, 5 Ala. 564; Baker v. Joseph, 16 Cal. 117; State v. Deputy, 3 Pa. 19 ; Blanchard v. Blanchard, 191 111. 450; State v. Goodbier, 48 La. An. 770; Newcomb v. State,-37…
1Opinion of the CourtCaulfield, J.
— Suit by the widow of Singleton G. Hoagland, as beneficiary in a benefit certificate issued to her husband by the defendant, a fraternal beneficiary association, on or about December 11,1905. The insured died on February 26, 1907. The plaintiff had judgment for the full amount of the certificate and interest and defendant has appealed.
As an affirmative defense, the defendant in its answer alleged the falsity of certain statements made and warranted to be true by the insured in his application, which formed part of the contract of insurance.
We find it necessary to mention only two of these…
2Cases cited3 opinions
- Bates v. HolladayMissouri Court of Appeals · 1888
- Nagel v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Valleroy v. Knights of ColumbusMissouri Court of Appeals · 1909
3Cited by2 opinions
- Cromeens v. Sovereign CampMissouri Court of Appeals · 1921
- McHenry v. Royal Neighbors of AmericaMissouri Court of Appeals · 1922