McFarland v. Creath
Missouri Court of Appeals
Appeal from, the Wayne Circuit Court. — Hon. John Gr. Weak, Judge. The appellant’s motion for judgment ought to have been sustained. Creath, in failing to reply to his co-defendant’s cross-bill, accepted it as true. The admissions of the two answers left no triable issue.
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Appeal from, the Wayne Circuit Court. — Hon. John Gr. Weak, Judge. The appellant’s motion for judgment ought to have been sustained. Creath, in failing to reply to his co-defendant’s cross-bill, accepted it as true. The admissions of the two answers left no triable issue. The constitution and by-laws of the defendant association filed as exhibit “A” with plaintiff’s petition, being admitted by defendants as true, fixed the beneficiary absolutely, there being none named in the certificate of membership, or the one named being an impossible one at the date of payment. Bacon on Benefit Socities…
1Opinion of the CourtBiggs, J.
This is an action brought by plaintiff as administrator of the estate of Edward Morlson, deceased, to recover of defendant corporation the • amount due on a certificate issued by said defendant, oh the life of deceased, by which as alleged, it was agreed by defendant corporation, to pay at the death of said deceased, to the beneficiary therein named, not less than one thousand dollars, and not more than five thousand dollars. That the articles of association and the by-laws provided that if no beneficiary was named in the certificate, then the amount due was to be paid to the widow of…
2Cases cited2 opinions
- Grand Lodge v. ElsnerMissouri Court of Appeals · 1887
- Hathaway v. FoySupreme Court of Missouri · 1867
3Cited by10 opinions
- Crosswell v. Connecticut Indemnity Ass'nSupreme Court of South Carolina · 1897
- Order of Railway Conductors v. KosterMissouri Court of Appeals · 1893
- Ashford v. Metropolitan Life InsuranceMissouri Court of Appeals · 1899
- Heusner v. Mutual Life InsuranceMissouri Court of Appeals · 1891
- Butterworth v. Mississippi Valley Trust Co.Supreme Court of Missouri · 1951
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