Osburn v. Court of Honor
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Henry L. Bright, Judge. (1) Admissions in tbe proof of death are only prima facie evidence, and when it is shown that they were induced by a misapprehension or that they are contrary to the facts, they should be disregarded. Almund v. M. W. A., 113 S. W. 695; Union Mutual Life Ins. Co. v. Payne, 45 C. C. A. 193,. 105 Fed. 172; Hassencamp v. Ins.
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Appeal from Jasper Circuit Court. — Hon. Henry L. Bright, Judge. (1) Admissions in tbe proof of death are only prima facie evidence, and when it is shown that they were induced by a misapprehension or that they are contrary to the facts, they should be disregarded. Almund v. M. W. A., 113 S. W. 695; Union Mutual Life Ins. Co. v. Payne, 45 C. C. A. 193,. 105 Fed. 172; Hassencamp v. Ins. Co., 56 C. C. A. 625, 120 Fed. 475; Knights of Maccabees v. Stensland, 206 111. 124, 68 N. E. 1098; Assurance Corporation v. Anderson, 47 Pac. 331. (2) The presumption of law is against suicide. Lamasteric,…
1Opinion of the CourtNixon, P. J.
An equitable estoppel is not available unless pleaded, and tbe facts relied upon as an estopped in pais must be specially pleaded or evidence of them cannot be received. [Loving Co. v. Hesperian Cattle Co., 176 Mo. 330, 75 S. W. 1095; Miller v. Anderson, 19 Mo. App. 71.] The only facts set up in defendant’s. answer- which can be claimed' to constitute, its plea of estoppel were “that the death proofs furnished by the claimants showed the cause of death to have been suicide,” which was coupled with the further allegation, “that the cause of said death was in fact suicide.”
Equitable estoppels…
2Cases cited11 opinions
- Insurance Co. v. NewtonSupreme Court of the United States · 1875
- McMaster v. . Pres., Etc., Ins. Co. of N. Am.New York Court of Appeals · 1873
- Taylor v. ZeppSupreme Court of Missouri · 1851
- Hanna v. Connecticut Mutual Life InsuranceNew York Court of Appeals · 1896
- Parmelee v. . Hoffman Fire Ins. Co.New York Court of Appeals · 1873
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3Cited by7 opinions
- Saigh v. CommissionerUnited States Tax Court · 1961
- Hodde v. HahnSupreme Court of Missouri · 1920
- Gillen v. New York Life InsuranceMissouri Court of Appeals · 1913
- National Match Co. v. Empire Storage & Ice Co.Missouri Court of Appeals · 1933
- Anderson v. Royal HighlandersSupreme Court of Iowa · 1923
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