Queatham v. Modern Woodmen of America
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — Hon. John W. McElhinney, Judge. (1) Proofs of death furnished to the society are prima-facie evidence of the facts therein stated and are conclusive unless the beneficiaries show that the statements made therein were erroneous or were given through mistake. Almond v. Modern Woodmen of America, 113 S. W. 695; Insurance Co. v. Newton, 22 Wall. 32; Hassencamp v. Ins. Co., 120 Fed. 475; Hanna v. Ins.
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Appeal from St. Louis County Circuit Court. — Hon. John W. McElhinney, Judge. (1) Proofs of death furnished to the society are prima-facie evidence of the facts therein stated and are conclusive unless the beneficiaries show that the statements made therein were erroneous or were given through mistake. Almond v. Modern Woodmen of America, 113 S. W. 695; Insurance Co. v. Newton, 22 Wall. 32; Hassencamp v. Ins. Co., 120 Fed. 475; Hanna v. Ins. Co., 44 N. E. 1099; Walther v. Insurance Co., 4 Pac. 413; Modern Woodmen of America v. Yon Wald, 49 Pac. 782; Hart v. Trustees, etc., 84 N. W. 851; 3…
1Opinion of the CourtNortoni, J.
This is a suit on a certificate of life insurance. The plaintiff recovered and defendant prosecutes the appeal. The question for decision relates entirely to the sufficiency of the proof to sustain the verdict for plaintiffs. In other words, it is urged the court should have directed a verdict for defendant on its affirmative defense that deceased came to his death as a direct result of his employment in an occupation prohibited by the contract of insurance. As the principal elements relied upon by defendant in support of its ar*40gument consist of admissions in the proof of death and the record…
2Cases cited19 opinions
- Insurance Co. v. NewtonSupreme Court of the United States · 1875
- Meadows v. Pacific Mutual Life InsuranceSupreme Court of Missouri · 1895
- Buffalo Loan, Trust & Safe Deposit Co. v. Knights Templar & Masonic Mutual Aid Ass'nNew York Court of Appeals · 1891
- Knights Templars & Masons Life Indemnity Co. v. CraytonIllinois Supreme Court · 1904
- B.L., T. S.D. Co. v. . K.T. M.M.A. Assn.New York Court of Appeals · 1891
14 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Rodriguez v. Suzuki Motor Corp.Supreme Court of Missouri · 1999
- State v. DoughertySupreme Court of Missouri · 1949
- Stephens v. Metropolitan Life InsuranceMissouri Court of Appeals · 1915
- Marinkovich v. TierneyMontana Supreme Court · 1932
- Patrick v. Employers Mutual Liability Ins.Missouri Court of Appeals · 1938
9 more not listed; retrieve them via the Exa API.