Williams v. Modern Woodmen
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis.— Hon. Benjamin J. Klene, Judge. (1) It is reversible error to give an incorrect instruction at the request of the successful litigant or of the court’s own motion which conflicts with a correct instruction given at the instance of the losing party.. Mansu-r-Tibbetts Imp. Co. v. Ritchie Imp. Co. v. Ritchie, 143 Mo. 612; State exrel.
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Appeal from the Circuit Court of the City of St. Louis.— Hon. Benjamin J. Klene, Judge. (1) It is reversible error to give an incorrect instruction at the request of the successful litigant or of the court’s own motion which conflicts with a correct instruction given at the instance of the losing party.. Mansu-r-Tibbetts Imp. Co. v. Ritchie Imp. Co. v. Ritchie, 143 Mo. 612; State exrel. Central Coal & Coke Company v. Ellison et al., 270: Mo. 645 ; Easton-Taylor Trust Co. v. Loker et al., 205 S. W. 87; Flintjer v. Kansas City, 204 S. W. 951; Martmowsky v. City of Hannibal, 35' Mo. App. 70;…
1Opinion of the Court
This is an action originating in the Circuit Court of the City of St. Louis, on a beneficiary certificate. Appellants are father and mother of George E. Williams, deceased, who, prior to his death, held a certificate of membership in respondent order.
Verdict and judgment for defendant, and plaintiffs appeal.
The petition alleges that the certificate of membership, or insurance policy, was issued by respondent to the deceased, George E. Williams, in July, 1911, whereby respondent agreed to pay appellants, as beneficiaries in said certificate, the sum of $2,000, should the said deceased member…
2Cases cited7 opinions
- Home Benefit Assn. v. SargentSupreme Court of the United States · 1892
- Stokes v. . StokesNew York Court of Appeals · 1898
- Mansue-Tebbetts Implement Co. v. RitchieSupreme Court of Missouri · 1898
- Berger v. St. Louis Storage & Commission Co.Missouri Court of Appeals · 1909
- Queatham v. Modern Woodmen of AmericaMissouri Court of Appeals · 1910
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3Cited by3 opinions
- Hay v. Bankers Life Co.Missouri Court of Appeals · 1921
- Turner and Phillippe v. Cent. Mut. Ins. Assn.Missouri Court of Appeals · 1944
- Welch v. Fraternal Aid UnionMissouri Court of Appeals · 1923