Courtney v. Fidelity Mutual Aid Ass'n
Missouri Court of Appeals
Appeal from Bates Circuit Court. — Hon. W. W. Graves, Judge. (1) The allegation that J. C. Courtney complied with all the conditions of the policy up to and after he became ill and confined to his bed amounts to and in effect is an admission and allegation that during the illness and after the commencement thereof, he failed to comply with some requirement of the policy. Ewpressio unius est eaoclusio alterius. (2) The payment to Snyder was not a payment to the association.
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Appeal from Bates Circuit Court. — Hon. W. W. Graves, Judge. (1) The allegation that J. C. Courtney complied with all the conditions of the policy up to and after he became ill and confined to his bed amounts to and in effect is an admission and allegation that during the illness and after the commencement thereof, he failed to comply with some requirement of the policy. Ewpressio unius est eaoclusio alterius. (2) The payment to Snyder was not a payment to the association. Upton v. Jameson, 67 Mo. 234. (3) The court erred in rendering judgment against the appellant for the reason that under…
1Opinion of the CourtBboaddus, P. J.
The plaintiff sues as administratrix on a policy issued to her husband, J. C. Courtney, deceased. The policy contains an indemnity against sickness, wherein it is provided that, a member, “After continuous membership for the six months next prior to commencement of illness, while he is ill and confined to his bed, he will be entitled to benefits at the rate of forty dollars per month.” The deceased was taken sick on the 27th day of September, 1902, and was confined to his bed by such sickness for a period of twelve months, when he died. It was admitted that deceased had paid all his dues or…
2Cases cited9 opinions
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- Thompson v. Traders' InsuranceSupreme Court of Missouri · 1902
- Andrus v. Fidelity Mutual Life InsuranceSupreme Court of Missouri · 1902
- Nickell v. Phoenix InsuranceSupreme Court of Missouri · 1898
- Goodson v. National Masonic Accident Ass'nMissouri Court of Appeals · 1902
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3Cited by4 opinions
- Francis v. International Travelers' Ass'nCourt of Appeals of Texas · 1924
- International Travelers' Ass'n v. BranumCourt of Appeals of Texas · 1914
- International Travelers' Ass'n v. PowellCourt of Appeals of Texas · 1917
- Gudinas v. Globe Mutual Life Insurance Co. of ChicagoAppellate Court of Illinois · 1928