Elliott v. Des Moines Life Ass'n
Supreme Court of Missouri
Appeal from Chariton Circuit Court. — Son. W. W. Bucher, Judge. (1) The letters written by Coda M. Elliott to Reuben Winfree, offered in evidence, were competent and material testimony under the issues raised by the pleadings, as tending to establish the allegations of a fraudulent purpose in taking out the policy of insurance sued upon, in contemplation of suicide. Whitmore v. Supreme Lodge, 100 Mo. 48; Ins.
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Appeal from Chariton Circuit Court. — Son. W. W. Bucher, Judge. (1) The letters written by Coda M. Elliott to Reuben Winfree, offered in evidence, were competent and material testimony under the issues raised by the pleadings, as tending to establish the allegations of a fraudulent purpose in taking out the policy of insurance sued upon, in contemplation of suicide. Whitmore v. Supreme Lodge, 100 Mo. 48; Ins. Co. v. Armstrong, 117 U. S. 598. (2) The proper foundation for the admission of the copy of the letter written by Coda M. Elliott to E. IT. Wilhite was laid. The evidence was competent…
1Opinion of the CourtGantt, J.
This is an action on a life insurance policy issued by the defendant association on the life of Coda M. Elliott for the benefit of her mother, the plaintiff, and numbered 17080. The suit was commenced December 5, 1896, in the circuit court of Chariton county. The policy was issued December 30, 1895.
Plaintiff in her petition alleged that she was the mother of Coda M. Elliott and the beneficiary named in said policy No. 17080; that said policy was issued to Coda M. Elliott by the defendant company in consideration of a quarterly payment of $18.50 and the execution of a guaranty note in sum of…
2Cases cited8 opinions
- New York Mutual Life Insurance v. ArmstrongSupreme Court of the United States · 1886
- Hanford v. Massachusetts Benefit Ass'nSupreme Court of Missouri · 1894
- Whitmore v. Supreme Lodge Knights & Ladies of HonorSupreme Court of Missouri · 1889
- McDonald v. Bankers Life Ass'nSupreme Court of Missouri · 1900
- Aloe v. Fidelity Mutual Life Ass'nSupreme Court of Missouri · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Westerman v. Supreme Lodge Knights of PythiasSupreme Court of Missouri · 1906
- Bowers v. Missouri Mutual Ass'nSupreme Court of Missouri · 1933
- Knott v. Security Mutual Life InsuranceMissouri Court of Appeals · 1912
- Kribs v. United Order of ForestersMissouri Court of Appeals · 1915
- McCoy v. Bankers Life Ass'nMissouri Court of Appeals · 1908
11 more not listed; retrieve them via the Exa API.