Bamberge v. Supreme Tribe of Ben Hur
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Wm. M. Kinsey, Judge. (1) Plaintiff’s first instruction is reversible error, because it invades tbe province of tbe jury by peremptorily fixing the amount of plaintiff’s recovery. Cates v. Nickel, 42 Mo. 169; Dawson v. Wombles, 111 Mo. App. 532; Lederer v. Morrow, 132 Mo. App. 438; Kroge v. M. B. of A., 126 Mo. App. 693; Corbitt v. Mooney, 84 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Wm. M. Kinsey, Judge. (1) Plaintiff’s first instruction is reversible error, because it invades tbe province of tbe jury by peremptorily fixing the amount of plaintiff’s recovery. Cates v. Nickel, 42 Mo. 169; Dawson v. Wombles, 111 Mo. App. 532; Lederer v. Morrow, 132 Mo. App. 438; Kroge v. M. B. of A., 126 Mo. App. 693; Corbitt v. Mooney, 84 Mo. App. 522; Burgbart v. Brown, 60 Mo. 24. (2) Plaintiff’s first instruction is also erroneous in peremptorily directing tbe jury to allow interest in tbe event they found in favor of tbe plaintiff.…
1Opinion of the CourtReynolds, P. J.
This action was commenced January 10, 1909. Tbe statement prepared and submitted by counsel for appellant is so fair and concise that we use it verbatim and it is as follows:
“Tbe petition, in effect, avers that defendant is a corporation, organized under the laws of Indiana, authorizing tbe formation of voluntary fraternal beneficiary associations, and that having compbed with tbe laws of this state, it is duly authorized to engage in business here as a fraternal beneficiary association; that on tbe 5th day of September, 1903, Wilson B. *105Bamberge, deceased husband of plaintiff, was…
2Cases cited3 opinions
- Pythias Knights' Supreme Lodge v. BeckSupreme Court of the United States · 1901
- Connecticut Mutual Life Insurance v. SchwenkSupreme Court of the United States · 1877
- Evans v. Modern Woodmen of AmericaMissouri Court of Appeals · 1910
3Cited by4 opinions
- Stephens v. Metropolitan Life InsuranceMissouri Court of Appeals · 1915
- Schultz v. Queen Insurance CompanyMissouri Court of Appeals · 1965
- Bruck v. John Hancock Mutual Life InsuranceMissouri Court of Appeals · 1916
- Vormehr v. Knights of the Maccabees of the WorldMissouri Court of Appeals · 1918