Daffron v. Modern Woodmen of America
Missouri Court of Appeals
Appeal from Wayne County Circuit Court. — Eon. E. M. Bearing, Judge. Statement. — This is an action brought to recover on a fraternal benefit certificate issued by the defendant (appellant) on the life of John W. Daffron which had been made payable to the wife of the insured hut in which prior to his death his minor children were substituted as beneficiaries.
Read the full summary
Appeal from Wayne County Circuit Court. — Eon. E. M. Bearing, Judge. Statement. — This is an action brought to recover on a fraternal benefit certificate issued by the defendant (appellant) on the life of John W. Daffron which had been made payable to the wife of the insured hut in which prior to his death his minor children were substituted as beneficiaries. No point is made as to the change of beneficiaries; or that the application originally acted upon became a part of the certificate afterward issued and now in suit. One- of the minor children having died, this suit was brought by Lettie…
1Opinion of the Court
OPINION.
FARRINGTON, J.
I. Before going into the discussion of the question as to whether the trial court was justified in granting a new trial on the grounds assigned, it may be well to observe that an examination of the record does not reveal any other ground upon which such order should be sustained. The respondents assumed the burden of pointing out errors alleged to have been committed against them in the trial court other than those mentioned in the order which would justify the action of the court in granting a new trial. [Crawford v. Kansas City Stock Yards Co., 215 Mo. 394, 114 S. W.…
Also in this document: Concurrence.
2Cases cited30 opinions
- McMahon v. Supreme Tent Knights of the Maccabees of the WorldSupreme Court of Missouri · 1899
- Modern Woodmen v. TevisCourt of Appeals for the Eighth Circuit · 1902
- Crawford v. Kansas City Stock Yards Co.Supreme Court of Missouri · 1908
- Pecos & N. T. Ry. Co. v. PorterCourt of Appeals of Texas · 1913
- Modern Woodmen of America v. AngleMissouri Court of Appeals · 1907
25 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Schwab v. Brotherhood of American YoemenSupreme Court of Missouri · 1924
- Morris v. Standard Oil Co.California Supreme Court · 1923
- Telford v. Bingham County Farmers' Mutual InsuranceIdaho Supreme Court · 1932
- O'Neal v. Grand Lodge of the Brotherhood of Railroad TrainmenMissouri Court of Appeals · 1924
- Golding v. Modern WoodmenMissouri Court of Appeals · 1923
1 more not listed; retrieve them via the Exa API.