Gill v. Sovereign Camp of the Woodmen of the World
Missouri Court of Appeals
Appeal from Circuit Court of Dunklin County. — Eon. W. 8. C. Walker, Judge. (1) (a) It was admitted, and it was plaintiff’s theory undenied, that, the deceased (1) habitually used opiates, and (2) had come to his death by accident but by his own hand or act. Such being the case the certificate was forfeited by virtue of provision 4 on the back of the certificate and the fourth division of section sixty of- the Constitution and Laws of the order.
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Appeal from Circuit Court of Dunklin County. — Eon. W. 8. C. Walker, Judge. (1) (a) It was admitted, and it was plaintiff’s theory undenied, that, the deceased (1) habitually used opiates, and (2) had come to his death by accident but by his own hand or act. Such being the case the certificate was forfeited by virtue of provision 4 on the back of the certificate and the fourth division of section sixty of- the Constitution and Laws of the order. Castens v. Knights & Ladies of Honor, 190 Mo. App. 57,1. c. 66 and authorities there cited; Stephens v. Ins. Co., 190 Mo. App. 673, 678-79; Gilmore…
1Opinion of the CourtFarrington, J.
The plaintiff .secured a judgment in the circuit court of Dunklin county against the defendant, which is a fraternal beneficiary association organized under the laws of Nebraska and licensed to transact business in the State of Missouri.
The recovery was based on a certificate which was issued on the life of Henry A. Gill by the local Camp at Malden, Dunklin county, Missouri, dated September 10, 1896. The plaintiff made a prima-facie case by showing the death of her husband, which was on July 1, 1918; that his dues were all fully paid up at that time and that she was the beneficiary. The…
2Cases cited11 opinions
- Mathews v. Modern Woodmen of AmericaSupreme Court of Missouri · 1911
- Stephens v. Metropolitan Life InsuranceMissouri Court of Appeals · 1915
- State ex rel. Standard Fire Insurance v. GanttSupreme Court of Missouri · 1918
- Gilmore v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1914
- Gooden v. Modern Woodmen of AmericaMissouri Court of Appeals · 1916
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3Cited by2 opinions
- McNabb v. National Liberty Insurance Co. of AmericaMissouri Court of Appeals · 1945
- Brooks v. Travelers' Protective Ass'n of AmericaDistrict Court, E.D. New York · 1931