Shotliff v. Modern Woodmen of America
Missouri Court of Appeals
Appeal from Newton Circuit Court. — Hon. Henry G. Pep-per, Judge. (1) Where the reasonable probabilities from the evidence all point to suicide as cause of death so as to establish it in the light of reason and common sense with such certainty as to leave no room for reasonable controversy, a jury should not be permitted to find to the contrary, and have such finding stand as a verity in the case, but the court should decide the question as a matter of law. Agen v. Life Ins.
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Appeal from Newton Circuit Court. — Hon. Henry G. Pep-per, Judge. (1) Where the reasonable probabilities from the evidence all point to suicide as cause of death so as to establish it in the light of reason and common sense with such certainty as to leave no room for reasonable controversy, a jury should not be permitted to find to the contrary, and have such finding stand as a verity in the case, but the court should decide the question as a matter of law. Agen v. Life Ins. Co., 80 N. W. 1021; Rens v. Mutual Relief Ass’n, 75 N. W. 991; Reichenbach v. Ellerbe, 115 Mo. 588, and cases cited.…
1Opinion of the CourtBland, P. J.
The defendant is admitted to be a fraternal beneficiary association organized under the laws of Illinois. It is licensed to transact insurance business in this State. On December 26, 1900, defendant issued its certificate of insurance for the sum of $1,000 to David H. Shotliff, loss payable to his wife, the plaintiff. Shotliff died on April 12,1901. The suit is to recover the amount secured by the benefit certificate. Plaintiff recovered judgment in the circuit court from which defendant duly appealed.
Defendant admitted plaintiff was the wife of David Shotliff; that it issued the benefit…
2Cases cited31 opinions
- Kenyon v. Knights Templar & Masonic Mutual Aid Ass'nNew York Court of Appeals · 1890
- Kausal v. Minnesota Farmers' Mutual Fire InsuranceSupreme Court of Minnesota · 1883
- Miller v. Mutual Benefit Life InsuranceSupreme Court of Iowa · 1871
- Pickel v. Phenix InsuranceIndiana Supreme Court · 1889
- Combs v. Hannibal Savings & InsuranceSupreme Court of Missouri · 1869
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3Cited by21 opinions
- Brunswick v. Standard Accident InsuranceSupreme Court of Missouri · 1919
- Modern Woodmen of America v. AngleMissouri Court of Appeals · 1907
- Reynolds v. Maryland Casualty Co.Supreme Court of Missouri · 1918
- Jones v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1913
- Schumann v. Brownwood Mut. Life Ins.Texas Commission of Appeals · 1926
16 more not listed; retrieve them via the Exa API.