Vormehr v. Knights of the Maccabees of the World
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Eon. Leo 8. Bassieur, Judge. (1) Where the verdict of the jury is so manifestly against the weight of the evidence as to suggest passion, prejudice or partiality, the appellate court will not hesitate to order it set aside where the trial court has failed in its duty so to do. Harper v. St. Louis & San Francisco R. R. Co., 168 Mo.
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Appeal from the Circuit Court of the City of St. Louis. —Eon. Leo 8. Bassieur, Judge. (1) Where the verdict of the jury is so manifestly against the weight of the evidence as to suggest passion, prejudice or partiality, the appellate court will not hesitate to order it set aside where the trial court has failed in its duty so to do. Harper v. St. Louis & San Francisco R. R. Co., 168 Mo. App. 296, 172 S. W. 55; Garrett v. Greenwell, 92 Mo. 125; Spohn v. Railroad Co., 87 Mo. 74; Whitsett v. Ransom, 79 Mo. 258; State v. Primm, 98 Mo. 372; Baker v. Stonebraker, 36 Mo. 345; Price v. Evans, 49 Mo.…
1Opinion of the CourtAllen, J.
Defendant is. a fraternal beneficiary association, incorporated under the laws of Michigan and duly authorized to do business in this State as such •án association. The action is one on a benefit certificate in the sum of $1000, issued by defendant to Albert S. Yormehr, plaintiffs’ son, on February 25, 1908, wherein the plaintiffs are beneficiaries. The application of the assured, made a part of the contract between him and defendant, contained the following provision: “I also agree that, should I die by my own hand, whether sane or insane at the time, this contract shall be null and void and…
2Cases cited6 opinions
- State ex rel. Detroit Fire & Marine Insurance v. EllisonSupreme Court of Missouri · 1916
- Stephens v. Metropolitan Life InsuranceMissouri Court of Appeals · 1915
- Bruck v. John Hancock Mutual Life InsuranceMissouri Court of Appeals · 1916
- Castens v. Supreme Lodge Knights & Ladies of HonorMissouri Court of Appeals · 1915
- Bamberge v. Supreme Tribe of Ben HurMissouri Court of Appeals · 1911
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3Cited by1 opinion
- State Ex Rel. State Highway Commission v. BaumhoffMissouri Court of Appeals · 1936