Gruwell v. National Council Knights & Ladies of Security
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. John C. Park, Judge. (1) The court erred in giving the peremptory instruction to find for the plaintiff. Smith v. Woodmen of the World, 179 Mo. 119. (2) The court erred in excluding that part of section 112 of the constitution and laws of 1902, pleaded in defendant’s answer, relating to the suspension of members for the non-payment of assessments and dues.
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Appeal from Jackson Circuit Court. — Hon. John C. Park, Judge. (1) The court erred in giving the peremptory instruction to find for the plaintiff. Smith v. Woodmen of the World, 179 Mo. 119. (2) The court erred in excluding that part of section 112 of the constitution and laws of 1902, pleaded in defendant’s answer, relating to the suspension of members for the non-payment of assessments and dues. Beadle v. Insurance Co., 3 Hill (N. Y.) 161; Bacon on Benefit and Life Insurance, sec. 353. (3) The court erred in excluding section 112 of the laws of defendant company of 1900, similar in terms to…
1Opinion of the CourtJohnson, J.
Action upon a policy of life insurance. In obedience to a peremptory instruction, the jury returned a verdict in favor of plaintiff for the amount prayed in the petition and the cause is here on the appeal of defendant, whose principal contention is that under the pleadings and evidence, a verdict should have been directed in its favor.
For aught disclosed by the allegations of the petition, the contract of insurance was one of an old line or mutual company, but defendant, while admitting its execution, alleges in the answer that it is one falling within the operation of the laws applicable to…
2Cases cited7 opinions
- New York Life Insurance v. StathamSupreme Court of the United States · 1876
- Logan v. Fidelity & Casualty Co.Supreme Court of Missouri · 1898
- Morton ex rel. Richardson v. Supreme Council of the Royal LeagueMissouri Court of Appeals · 1903
- Herzberg v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1905
- Johnson v. Sovereign Camp of Woodmen of the WorldMissouri Court of Appeals · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Sovereign Camp of the Woodmen of the World v. BolinSupreme Court of the United States · 1938
- Friend v. Southern States Life Ins. Co.Supreme Court of Oklahoma · 1916
- Grand Lodge of Order of Sons of Hermann v. PraterCourt of Appeals of Texas · 1928
- Ingersoll v. Mutual Life Insurance Co. of New YorkAppellate Court of Illinois · 1910
- Bauldin v. Barton County Mutual Insurance Co.Missouri Court of Appeals · 1980
16 more not listed; retrieve them via the Exa API.