Almond v. Modern Woodmen of America
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — New. John G. Parle, Judge. (1) Proofs of death are admissible in evidence and are prima-facie proof of the facts stated therein against the beneficiary and on behalf of the society, the same being admissions by her. Insurance Co. v. Newton, 22 Wall. 32; Benefit Assn. v. Sargent, 142 U. S. 691; Hassencamp v. Insurance Co. (C. C. A.), 120 Fed. 475; Walther v. Insurance Co., 4 Pac. (Cal.) 413; Modern Woodmen of Am. v. VonWald, 49 Pac.
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Appeal from Jackson Circuit Court. — New. John G. Parle, Judge. (1) Proofs of death are admissible in evidence and are prima-facie proof of the facts stated therein against the beneficiary and on behalf of the society, the same being admissions by her. Insurance Co. v. Newton, 22 Wall. 32; Benefit Assn. v. Sargent, 142 U. S. 691; Hassencamp v. Insurance Co. (C. C. A.), 120 Fed. 475; Walther v. Insurance Co., 4 Pac. (Cal.) 413; Modern Woodmen of Am. v. VonWald, 49 Pac. (Kan.) 782. (2) Where, as in this case, the uncontradicted and overwhelming weight of evidence shows the fact that Almond…
1Opinion of the CourtBroaddus, P. J.
This is a suit to recover $2,000 on a benefit certificate issued by the defendant, to one Henry Betts Almond, on the 2d day of April, 1904, in which the plaintiff was the beneficiary. The petition is predicated upon the theory that defendant is a life insurance company under the laws of Missouri, but the court yery properly 'held that it was not such *385and tried the case upon the theory that it was a fraternal beneficiary society organized under the laws of the State of Illinois.
The defendant pleaded two defenses, viz.: That the deceased member committed suicide and that he ivas intemperate in…
2Cases cited2 opinions
- Warren v. Barber Asphalt Paving Co.Supreme Court of Missouri · 1893
- Hassencamp v. Mutual Ben. Life Ins.Court of Appeals for the Fourth Circuit · 1903
3Cited by11 opinions
- Brunswick v. Standard Accident InsuranceSupreme Court of Missouri · 1919
- Reynolds v. Maryland Casualty Co.Supreme Court of Missouri · 1918
- Stephens v. Metropolitan Life InsuranceMissouri Court of Appeals · 1915
- Richey v. Woodmen of the WorldMissouri Court of Appeals · 1912
- Coscarella v. Metropolitan Life InsuranceMissouri Court of Appeals · 1913
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