Winn v. Modern Woodmen of America
Missouri Court of Appeals
Appeal'from Monroe Circuit Court. — Eon. David E. Eby, Judge. (1) The contract herein sued on is a contract be- • tween the member and the Society and includes the application, the certificate, and the constitution and bylaws of the defendant. 3 Am. and Ency. of Law, (2d Ed.), page 108; Bacon on Benefit Societies, secs. 87, 91 and 116; Niblack on Benefit Societies, sec. 136. (2) A warranty is a stipulation inserted in writing on the face of the policy, on the literal truth…
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Appeal'from Monroe Circuit Court. — Eon. David E. Eby, Judge. (1) The contract herein sued on is a contract be- • tween the member and the Society and includes the application, the certificate, and the constitution and bylaws of the defendant. 3 Am. and Ency. of Law, (2d Ed.), page 108; Bacon on Benefit Societies, secs. 87, 91 and 116; Niblack on Benefit Societies, sec. 136. (2) A warranty is a stipulation inserted in writing on the face of the policy, on the literal truth of fulfillment of which the validity of the entire contract depends. The stipulation is considered to be on the face of…
1Opinion of the CourtCaulfield, J.
(after stating the facts). — I. The defendant contends that “under the record the evidence is indisputable that Winn did make misstatements in his application for membership, and that consequently the court should have directed a verdict for the defendant, and that the jury wholly disregarded the court’s instructions in returning its verdict.” We are unable to agree with the defendant in this contention.
The plaintiff had made a prima facie case, and the burden of proving that these statements were false or not wholly true was on the defendant. [Jefferson v. Life Ass’n, 69 Mo. App. 126, 133.]…
2Cases cited5 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Rothrock v. Cordz-Fisher Lumber Co.Supreme Court of Missouri · 1898
- State v. BlitzMissouri Court of Appeals · 1903
- State v. PunshonSupreme Court of Missouri · 1896
- Jefferson v. German-American Mutual Life Ass'nMissouri Court of Appeals · 1897
3Cited by12 opinions
- Gooden v. Modern Woodmen of AmericaMissouri Court of Appeals · 1916
- Frazier v. Metropolitan Life InsuranceMissouri Court of Appeals · 1911
- Voyles v. Columbia Terminals Co.Missouri Court of Appeals · 1949
- Watson v. Meredith Development CompanyMissouri Court of Appeals · 1966
- Center Creek Mining Co. v. CoyneMissouri Court of Appeals · 1912
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