Edmonds v. Modern Woodmen of America
Missouri Court of Appeals
Appeal from Carroll Circuit Court. — Son. John P. Butler, Judge. (1) The court had no right to reject Messrs. William Fulcher, Walter Bowman and George Frazier upon the voir dire examination of the jury for the sole reason that they were members of the appellant society. No evidence of prejudice on their part, was shown, in fact, no questions along that line were asked. (2) The court should have given to the jury instructions numbered 3 and 4 asked by the appellant.
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Appeal from Carroll Circuit Court. — Son. John P. Butler, Judge. (1) The court had no right to reject Messrs. William Fulcher, Walter Bowman and George Frazier upon the voir dire examination of the jury for the sole reason that they were members of the appellant society. No evidence of prejudice on their part, was shown, in fact, no questions along that line were asked. (2) The court should have given to the jury instructions numbered 3 and 4 asked by the appellant. It being admit-’ ted that Edmonds was over the age of fortv-five years the- only question for the jury was as to the existence…
1Opinion of the CourtEllison, J.
The defendant is a fraternal benefit society and issued to the plaintiff’s deceased husband a benefit certificate of life insurance in the sum of two thousand dollars. Upon the death of deceased defendant refused payment and the present action was begun in which plaintiff prevailed in the trial court. According to a by-law of the society the defendant was forbidden to receive into membership or issue certificates to persons over forty-five years of age. Deceased was just over that age when he made his written application for the certificate on the eleventh of November, 1896. Besides a…
2Cases cited9 opinions
- McMahon v. Supreme Tent Knights of the Maccabees of the WorldSupreme Court of Missouri · 1899
- Fine v. St. Louis Public SchoolsSupreme Court of Missouri · 1860
- Shotliff v. Modern Woodmen of AmericaMissouri Court of Appeals · 1903
- Andre v. Modern WoodmenMissouri Court of Appeals · 1903
- Callies v. Modern Woodmen of AmericaMissouri Court of Appeals · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Barb v. Farmers Insurance ExchangeSupreme Court of Missouri · 1955
- Kendall v. Prudential Insurance Co. of AmericaSupreme Court of Missouri · 1959
- Ozark Border Electric Cooperative v. StacyMissouri Court of Appeals · 1961
- Salt River Valley Water Users' Ass'n v. BerryArizona Supreme Court · 1926
- Kendall v. Prudential Life Insurance Co. of AmericaMissouri Court of Appeals · 1958
6 more not listed; retrieve them via the Exa API.