Legal Opinion

Hicks v. Metropolitan Life Insurance

Missouri Court of Appeals

Decided December 30, 1916PublishedCited by 16 opinions

Appeal from St. Louis City Circuit Court. — Hon. William M. Kinsey, Judge. (1) The evidence in the case, coming directly or indirectly from the plaintiff herself and remaining uncontradicted and unexplained, conclusively establishes the fact that on the date of the policy and at the time of the application therefor, and for approximately eight years prior thereto, the insured was afflicted with a stricture of the rectum, also called tuberculosis of the rectum, and that said…

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Appeal from St. Louis City Circuit Court. — Hon. William M. Kinsey, Judge. (1) The evidence in the case, coming directly or indirectly from the plaintiff herself and remaining uncontradicted and unexplained, conclusively establishes the fact that on the date of the policy and at the time of the application therefor, and for approximately eight years prior thereto, the insured was afflicted with a stricture of the rectum, also called tuberculosis of the rectum, and that said disease caused her subsequent death. Therefore, the demurrer to the evidence, at the end of the case, should have been…

1Opinion of the CourtAllen, J.

This is an action originating before a justice of the peace, on a policy of insurance issued on November 11, 1912, insuring the life of one Sadie Griffin in favor of plaintiff, the mother of the insured, named as beneficiary therein. The insured died on September 24, 1913; and shortly thereafter plaintiff duly furnished defendant with proofs of death and demanded payment of the amount of the policy, but defendant refused to pay the same. Plaintiff prevailed before the justice of the peace and on defendant’s appeal to the circuit court, and a trial there ele novo before the court and a jury,…

2Cases cited26 opinions

  1. Thompson v. IshSupreme Court of Missouri · 1889
  2. Epstein v. Pennsylvania RailroadSupreme Court of Missouri · 1913
  3. Buffalo Loan, Trust & Safe Deposit Co. v. Knights Templar & Masonic Mutual Aid Ass'nNew York Court of Appeals · 1891
  4. Briesenmeister v. Supreme Lodge Knights of Pythias of the WorldMichigan Supreme Court · 1890
  5. Keller v. Home Life InsuranceSupreme Court of Missouri · 1906

21 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Massachusetts Bonding & Ins. v. R. E. Parsons Electric Co.Court of Appeals for the Eighth Circuit · 1932
  2. Sappington v. Central Mutual Insurance Ass'nMissouri Court of Appeals · 1934
  3. Bergerson v. General Insurance Co. of AmericaMissouri Court of Appeals · 1941
  4. Schroeder v. Metropolitan Life InsuranceMontana Supreme Court · 1936
  5. Bohannon v. Illinois Bankers Life Ass'nMissouri Court of Appeals · 1929

11 more not listed; retrieve them via the Exa API.

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