Davis v. Modern Woodmen of America
Missouri Court of Appeals
Appeal from Vernon Circuit Court — Hoy. H. G. Timmonds, Judge. (1) Where the positive unimpeached testimony of eye-witnesses is sustained by the physical facts -and there is no substantial evidence to the contrary, the case should be withdrawn from the jury. Bank v. Bank, 151 Mo. 320; Kornfeld v. Supreme Lodge, 72 Mo.
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Appeal from Vernon Circuit Court — Hoy. H. G. Timmonds, Judge. (1) Where the positive unimpeached testimony of eye-witnesses is sustained by the physical facts -and there is no substantial evidence to the contrary, the case should be withdrawn from the jury. Bank v. Bank, 151 Mo. 320; Kornfeld v. Supreme Lodge, 72 Mo. App. 604; Jackson v. Hardin, 183 Mo. 175; Reichenbach v. Bllerbe, 115 Mo. 588; Fulbright v. Perry Co., 145 Mo. 433; Sehr v. Lindemann, 153 Mo. 276; Schierbaum v. Schemme, 157 Mo. 1; May v. Crawford, 150 Mo. 504. (2) A party who seeks and provokes a difficulty can not set up the…
1Opinion of the CourtEllison, J.
This action is based on a benefit certificate of life insurance issued by defendant to John W. Davis in the sum of three thousand dollars; one thousand for the'benefit of his wife, and two thousand for his surviving children. He died leaving a widow and two children. The widow assigned her interest to the children and they are the plaintiffs seeking to recover the full amount of the certificate. They obtained judgment in the trial court.
The certificate contained two provisions which bear upon the case: They were that, if Davis’s death “occurred in consequence of a duel, or of any violation or…
2Cases cited5 opinions
- State v. UnderwoodSupreme Court of Missouri · 1874
- State v. EvansSupreme Court of Missouri · 1894
- State v. MatthewsSupreme Court of Missouri · 1899
- State v. ParkerSupreme Court of Missouri · 1891
- State v. DavidsonSupreme Court of Missouri · 1888
3Cited by8 opinions
- Supreme Lodge Knights of Pythias v. CrenshawSupreme Court of Georgia · 1907
- McKeon v. National Casualty Co.Missouri Court of Appeals · 1925
- Payne v. StateCourt of Criminal Appeals of Alabama · 1980
- State v. PlassardSupreme Court of Missouri · 1946
- Baker v. Supreme Lodge Knights of PythiasMississippi Supreme Court · 1912
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