Legal Opinion

Vaughn v. National Council

Missouri Court of Appeals

Decided March 1, 1909PublishedCited by 3 opinions

Appeal from Jackson Circuit Court. — Eon. E. E. Porterfield, Judge. (!) The instruction in the nature of a demurrer asked by the defendant at the close of plaintiff’s case should have been given. Travelers’ Assn. v. Tennent, 106 S. W. .1073; Duval v. Hunt, 34 Fla. 85. (2) Defendant’s instruction ip the nature of a demurrer at the close of all the evidence should have been given.

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Appeal from Jackson Circuit Court. — Eon. E. E. Porterfield, Judge. (!) The instruction in the nature of a demurrer asked by the defendant at the close of plaintiff’s case should have been given. Travelers’ Assn. v. Tennent, 106 S. W. .1073; Duval v. Hunt, 34 Fla. 85. (2) Defendant’s instruction ip the nature of a demurrer at the close of all the evidence should have been given. Travelers’ Assn. v. Tennent, 106 S. W. 1073; Duval v. Hunt, 34 Fla. 85. (3) The court should have refused the peremptory instruction asked by the plaintiff. Lavin v. Grand Lodge, 104 Mo. App. 1. (1) The trial court…

1Opinion of the CourtBroaddus, P. J.

This is a suit by plaintiff to recover on a policy of insurance on the life of Harry R. McGregor. The policy reads as follows:

“No.--The National Council. Class B.

Junior Order United .American Mechanics United States of North America (Incorporated April 10, 1893.)

“Will pay to the legal dependent of Harry R. Mc-Gregor, within thirty days from the receipt of the proof of his death the sum of five hundred dollars ($500).

Upon the condition that the said Harry R. Mc-Gregor is now and shall be at the time of his death a beneficial member in good standing of a Subordinate Council of said Order, and…

2Cases cited1 opinion

  1. Keener v. Grand LodgeMissouri Court of Appeals · 1889

3Cited by3 opinions

  1. Junior Order American Mechanics v. . TateSupreme Court of North Carolina · 1937
  2. Modern Woodmen of America v. PattersonMissouri Court of Appeals · 1917
  3. Beard v. Rickert Rice Mills, Inc.Louisiana Court of Appeal · 1935

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