Ashford v. Metropolitan Life Insurance
Missouri Court of Appeals
Appeal from Gentry Circuit Court. — How. Gallatin Craig, Judge; (1) The second instruction given for the plaintiff is erroneous. The facts hypothecated therein do not constitute a marriage. Ashford v. Ins. Co., 80 Mo. App. 638. (2) Plaintiff’s fourth instruction is erroneous in that it casts the burden.of proof as to the want of marriage on the defendant.
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Appeal from Gentry Circuit Court. — How. Gallatin Craig, Judge; (1) The second instruction given for the plaintiff is erroneous. The facts hypothecated therein do not constitute a marriage. Ashford v. Ins. Co., 80 Mo. App. 638. (2) Plaintiff’s fourth instruction is erroneous in that it casts the burden.of proof as to the want of marriage on the defendant. The continuance of a condition once shown to exist will be presumed until contrary is shown. 1 Greenleaf Evidence, sec. 74. (3) The divorce being shown, and the plaintiff thereby becoming sole, the burden was on her to show a marriage after…
1Opinion of the CourtEllison, J.
This action is based on a life insurance policy. The judgment in the trial court was for plaintiff. The case was before this court on a former appeal wherein the judgment was reversed and a new trial ordered. By reference to the report of the case (80 Mo. App. 638) it will be seen that the deceased in obtaining the policy represented that plaintiff was his-wife. That, the defense was mainly based on the allegation that she was not his wife and that he willfully, falsely and fraudulently represented her to be for the purpose of inducing defendant to issue the policy payable to her upon his…
2Cases cited4 opinions
- Kern v. Supreme Council, American Legion of HonorSupreme Court of Missouri · 1902
- Schuermann v. Union Central Life InsuranceSupreme Court of Missouri · 1901
- Ashford v. Metropolitan Life InsuranceMissouri Court of Appeals · 1899
- Van Cleave v. Union Casualty & Surety Co.Missouri Court of Appeals · 1900
3Cited by2 opinions
- Lynch v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1910
- Afro-American Life Ins. v. AdamsSupreme Court of Alabama · 1915