Thomas v. Guaranty Fund Life Ass'n
Missouri Court of Appeals
Appeal from the Gass Circuit Court. — Hon. W. W. Wood, Judge. (1) All writings referred to and embodied in the contract of membership by its terms become a part of the contract, and the whole constitute one contract. Lancaster v. Elliott, 42 Mo. App. 503; Jennings v. Todd, 118 Mo. 296; Bacon on Ben.
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Appeal from the Gass Circuit Court. — Hon. W. W. Wood, Judge. (1) All writings referred to and embodied in the contract of membership by its terms become a part of the contract, and the whole constitute one contract. Lancaster v. Elliott, 42 Mo. App. 503; Jennings v. Todd, 118 Mo. 296; Bacon on Ben. Soc. [1 Ed.], secs. 181, 182, and cases cited; 1 May on Ins. [3 Ed.], secs. 158, 159; 2 May on Ins. [3 Ed.], sec. 579a, p. 1328; sec. 589, p. 1333, and note 4; Bliss on Ins., sec. 58, p. 85; sec. 59, pp. 86, 87; Bolbettv. Liverpool, 66 N. C. 70; Mutual Benefit Co. v. Miller, 39 Ind. 475. (2) The…
1Opinion of the CourtEllisoN, J.
This action is based on a certificate of insurance issued by defendant to Aaron Thomas for the benefit of his wife, the plaintiff, who |s now his widow. The answer, after the withdrawal of portions of it as written, was a general denial and a plea that the suit was prematurely brought. The withdrawal of portions of the answer eliminates some of the matters discussed by counsel and we need only address ourselves to what remained in the case after the withdrawal.
Defendant insists that the certificate should not have been allowed in evidence since, as is asserted, it was not the whole of the…
2Cases cited1 opinion
- George T. Smith Middlings Purifier Co. v. RembaughMissouri Court of Appeals · 1886
3Cited by6 opinions
- Johnson v. Sovereign Camp of Woodmen of the WorldMissouri Court of Appeals · 1906
- Wood v. General Insurance Co. of AmericaMissouri Court of Appeals · 1934
- Love v. Central Life InsuranceMissouri Court of Appeals · 1902
- Weber v. Ancient Order of PyramidsMissouri Court of Appeals · 1904
- County of Jackson ex rel. Bryson v. EnrightMissouri Court of Appeals · 1918
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