Cobble v. Royal Neighbors of America
Supreme Court of Missouri
Appeal from Greene Circuit Court. Hon. Guy D. Kirby, Judge. (1) The common law obtains in Missouri, Sec. 8047, R. S. 1909. (2) The statute does not change the common-law rule relative to the presumption of death after absence for a period of seven years.
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Appeal from Greene Circuit Court. Hon. Guy D. Kirby, Judge. (1) The common law obtains in Missouri, Sec. 8047, R. S. 1909. (2) The statute does not change the common-law rule relative to the presumption of death after absence for a period of seven years. Chapman v. Kullman, 191 Mo. 245; Flood v. Grover, 126 Mo. 262. (3) There is no presumption that plaintiff’s husband died at any particular time within the seven years, but the presumption is that on the 7th day of June, 1917, he was dead. Chapman v. Kullman, 191 Mo. 245'. (4) The statutes provide that defendant has no power to pass a by-law…
1Opinion of the Court
This cause comes to this court from the Springfield Court of Appeals on the dissent of BRADLEY, J., wherein he sets forth, contrary to the majority opinion of the court, that By-law No. 33, hereinafter set out, is invalid, (1) because an unwholesome law and not founded on right and reason, and (2) because it runs counter to the common and statutory laws of the State and (3) it is out of line with the greater weight of authority in this country.
Elisha W. Cobble made application for membership in defendant's fraternal insurance company on the 27th day of December, 1909, and was admitted thereto…
2Cases cited8 opinions
- Karnes v. American Fire InsuranceSupreme Court of Missouri · 1898
- Richardson v. Chicago & Alton RailroadSupreme Court of Missouri · 1899
- Purdy v. Bankers' Life Ass'nMissouri Court of Appeals · 1903
- Roberts v. Modern Woodmen of AmericaMissouri Court of Appeals · 1908
- Biegler v. Supreme Council of American Legion of HonorMissouri Court of Appeals · 1894
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- Haggerty v. WilliamsConnecticut Appellate Court · 2004
- Lumbermen's Mutual Casualty Company, a Corporation v. Norris Grain Company, a Tennessee Corporation, and Norris Grain Company, an Illinois CorporationCourt of Appeals for the Eighth Circuit · 1965
- Asel v. Order of United Commercial Travelers of AmericaSupreme Court of Missouri · 1946
- Everett v. Patrons & Farmers Mutual Fire InsuranceMissouri Court of Appeals · 1928
- Fordyce v. Modern Woodmen of AmericaWashington Supreme Court · 1924
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