Hannum v. Waddill
Supreme Court of Missouri
Appeal from Linn Circuit Court. — Hon. W. W. Rucker, Judge. (1) It was error in the court to instruct the jury to find for the plaintiff unless they should find from the evidence that the assessment number 79 was made on the members of the company to pay death losses. (2) The verdict should be set aside because defendant’s defense that a proper notice was mailed was good at law was complete and unimpeached. 2 Am. and Eng.
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Appeal from Linn Circuit Court. — Hon. W. W. Rucker, Judge. (1) It was error in the court to instruct the jury to find for the plaintiff unless they should find from the evidence that the assessment number 79 was made on the members of the company to pay death losses. (2) The verdict should be set aside because defendant’s defense that a proper notice was mailed was good at law was complete and unimpeached. 2 Am. and Eng. Ency. of Law, 176. (3) The deceased had actual notice of the assessment having been made. The defendant being a mutual company, he had no right as a member thereof to rely…
1Opinion of the CourtMacfarlane, J.
This suit was commenced against the National Temperance Relief Union, an insurance corporation, under the laws of the state of Missouri, incorporated and doing business on the assessment plan.
After a trial, and judgment against the defendant, the corporation was dissolved by a decree of the circuit court and defendant Waddill, as superintendent of insurance, has charge of its affairs and their settlement.
On the eleventh of September, 1889, one Addison *156Hannum was admitted to membership in said corporation, upon which he received a certificate, under which the corporation undertook to pay his…
2Cases cited2 opinions
- McFarland v. United States Mutual Accident Ass'nSupreme Court of Missouri · 1894
- Reichenbach v. EllerbeSupreme Court of Missouri · 1893
3Cited by8 opinions
- Barber v. Hartford Life InsuranceSupreme Court of Missouri · 1916
- King v. Hartford Life & Annuity InsuranceMissouri Court of Appeals · 1908
- Bange v. Supreme Council Legion of HonorMissouri Court of Appeals · 1913
- Johnson v. Hartford Life InsuranceMissouri Court of Appeals · 1912
- Leonhard v. Provident Savings Life Assur. Soc.Court of Appeals for the Eighth Circuit · 1904
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