Creighton v. Modern Woodmen of America
Court of Appeals of Kansas
Appeal from Daviess Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The court erred in admitting illegal, irrelevant' and incompetent evidence on the part of the plaintiff and in excluding legal, relevant and competent evidence on the part of the defendant. Underhill on Evidence, pp. 500 and 501; Brown v. Wood, 19 Mo. 415; Grocer Co. v. Frick, 13 Mo. App. 133; Dunn v. Dunnaker, 81 Mo. 600; State v. Burks, 132 Mo. 313; Drug Co. v. McMahan, 50 Mo.
Read the full summary
Appeal from Daviess Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The court erred in admitting illegal, irrelevant' and incompetent evidence on the part of the plaintiff and in excluding legal, relevant and competent evidence on the part of the defendant. Underhill on Evidence, pp. 500 and 501; Brown v. Wood, 19 Mo. 415; Grocer Co. v. Frick, 13 Mo. App. 133; Dunn v. Dunnaker, 81 Mo. 600; State v. Burks, 132 Mo. 313; Drug Co. v. McMahan, 50 Mo. App. 18; Underhill on Evidence, p. 501; Smith v. Utesch, 52 N. W. 343;' Hill v. Eroelich, 14 N. T. S. 610; Price v. Thornton, 10 Mo. 135 ; Rogers v.…
1Opinion of the CourtSmith, P. J.
The defendant, an incorporated fraternal beneficiary society, issued a benefit certificate to one D. O. Galbreath, a member thereof, for one thousand dollars, payable to the plaintiff. One of the by-laws of the defendant (section 32) provides that every benefit-certificate holder shall be liable for the payment of the assessment levied next after his adoption and for all assessments thereafter levied, including assessments current at his death. And another (section 48) provides that every beneficial member when so notified that a benefit assessment has been levied and ordered collected by the…
2Cases cited15 opinions
- Becker v. . KochNew York Court of Appeals · 1887
- Bullard v. . PearsallNew York Court of Appeals · 1873
- Coulter v. . American Merchants' Un. Ex. Co.New York Court of Appeals · 1874
- Richards v. StateWisconsin Supreme Court · 1892
- State v. BennerSupreme Judicial Court of Maine · 1874
10 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Dauber v. JosephsonMissouri Court of Appeals · 1922
- Detjen v. Moerschel Brewing Co.Missouri Court of Appeals · 1911