McDonald v. Bankers Life Ass'n
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. James H. Parrish, Judge. (1) The trial court erred in overruling the objections of the defendant to the introduction of the letter of L. L. McDonald and the reply of E. E. Clark thereto, because the letters did not tend to prove the making of the proof of the death of Daniel McDonald by the plaintiff, or the waiver of such proof by the defendant association; the making of such proof not being admitted in the pleadings, nor was the…
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Appeal from Buchanan Circuit Court. — Hon. James H. Parrish, Judge. (1) The trial court erred in overruling the objections of the defendant to the introduction of the letter of L. L. McDonald and the reply of E. E. Clark thereto, because the letters did not tend to prove the making of the proof of the death of Daniel McDonald by the plaintiff, or the waiver of such proof by the defendant association; the making of such proof not being admitted in the pleadings, nor was the death of the insured admitted by the answer. May on Ins. (3 Ed.), secs. 36, 469; Bacon on Ben. Soc. and Life Ins. (2…
1Opinion of the CourtMarshall, J.
This is an action upon two policies of insurance (called by respondent mere certificates of membership).
On the 16th of August, 1890, the defendant, an insurance company, organized under the laws of Iowa, as an assessment company, and licensed by the State Superintendent of Insurance to do business in this State, as such 'assessment company, issued to Daniel McDonald two policies, which were *623exactly alike except as to number, in words and figures as follows:
“Application No. 15895. Certificate No. 17431.
OFFICE OF BANKERS LIFE ASSOCIATION.
Des Moines, Iowa.
CERTIFICATE OF MEMBERSHIP.
“This is to…
2Cases cited11 opinions
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- Logan v. Fidelity & Casualty Co.Supreme Court of Missouri · 1898
- Mooney v. KennettSupreme Court of Missouri · 1854
- Nickell v. Phoenix InsuranceSupreme Court of Missouri · 1898
- Hanford v. Massachusetts Benefit Ass'nSupreme Court of Missouri · 1894
6 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Mathieson v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
- Andrus v. Business Men's Accident Ass'n of AmericaSupreme Court of Missouri · 1920
- Marcus v. Heralds of LibertySupreme Court of Pennsylvania · 1913
- Smoot v. Bankers Life Ass'nMissouri Court of Appeals · 1909
- Gibson v. Chicago Great Western Railway Co.Supreme Court of Missouri · 1910
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