Walsh v. Metropolitan Life Insurance
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. W. B. Homer, Judge. (1) Tbe absence of John Walsh is adequately explained by the fact that he had no close family ties in St. Louis, and when last seen had suffered the disgrace of a dishonorable discharge from the United States Army. Biegler v. Supreme Council, 57 Mo. App. 419; Bradley v. M. W. A., 146 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. W. B. Homer, Judge. (1) Tbe absence of John Walsh is adequately explained by the fact that he had no close family ties in St. Louis, and when last seen had suffered the disgrace of a dishonorable discharge from the United States Army. Biegler v. Supreme Council, 57 Mo. App. 419; Bradley v. M. W. A., 146 Mo. App. 428. (2) The commón-law presumption of death does not arise unless it be shown that diligent effort has been made to fine the absentee o,r to get information as to his whereabouts, and also that he had no possible reason for remaining…
1Opinion of the CourtReynolds, P. J.
This action was instituted December It), 1908, before a justice of the peace of the city of St. Louis to recover $158 said to be due on a policy of insurance issued August 15> 1892, by defendant on the life of one John Walsh. Letters of administration were issued to plaintiff by the probate court of the city of St. Louis, December 10,. 1908. Judgment went in favor of defendant in the justice’s court but on a trial in the circuit court plaintiff .recovered, the trial there being before the court and a jury. From this judgment, after interposing a motion fox new trial as well as in arrest,…
2Cases cited10 opinions
- Hancock v. American Life InsuranceSupreme Court of Missouri · 1876
- Winter v. Supreme Lodge Knights of PythiasMissouri Court of Appeals · 1902
- Bradley v. Modern Woodmen of AmericaMissouri Court of Appeals · 1910
- Biegler v. Supreme Council of American Legion of HonorMissouri Court of Appeals · 1894
- Donaldson v. LewisMissouri Court of Appeals · 1879
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3Cited by2 opinions
- Heath v. Salisbury Home Telephone Co.Supreme Court of Missouri · 1930
- Pfeifer v. Supreme Tribe of Ben HurMissouri Court of Appeals · 1915