Keily v. Knights of Father Matthew
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. George C. Hitchcock, Judge. (1) The trial court was right in sustaining the demurrer at the close of plaintiff’s case, as the evidence, oral and written, uncontradicted and .unimpeached, was conclusive that Mr. Keily had resigned. A verdict for plaintiff could not have been rested on any evidence, but would have been based purely on conjecture. Richey v. Woodmen of the World, 163 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. George C. Hitchcock, Judge. (1) The trial court was right in sustaining the demurrer at the close of plaintiff’s case, as the evidence, oral and written, uncontradicted and .unimpeached, was conclusive that Mr. Keily had resigned. A verdict for plaintiff could not have been rested on any evidence, but would have been based purely on conjecture. Richey v. Woodmen of the World, 163 Mo. App. 235; Newland v. Modern Woodmen of America, 168 Mo. App. 311. (2) If this court will consider the question raised at the trial, and decided adversely to…
1Opinion of the CourtNortoni, J.
Defendant appeals from an order of the court setting aside a judgment of involuntary nonsuit entered against plaintiff. The suit is on a certificate of life insurance issued by defendant, a mutual benefit society.
The sole defense relied upon in the answer is that the insured member voluntarily resigned his membership in the order shortly prior to his death. This defense, however, is denied in the reply and a sharp issue is made concerning it. Plaintiffs are children of the inusred member, and it is conceded that they are the proper beneficiaries and as such entitled to recover, provided the…
2Cases cited7 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
- Mulroy v. Supreme Lodge of the Knights of HonorMissouri Court of Appeals · 1888
- Ellerbe v. BarneySupreme Court of Missouri · 1894
- Borgraefe v. Supreme Lodge, Knights & Ladies of HonorMissouri Court of Appeals · 1887
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3Cited by4 opinions
- Gooden v. Modern Woodmen of AmericaMissouri Court of Appeals · 1916
- Kopff v. MillerMissouri Court of Appeals · 1973
- Castens v. Supreme Lodge Knights & Ladies of HonorMissouri Court of Appeals · 1915
- Fisher v. Supreme Lodge Knights & Ladies of HonorMissouri Court of Appeals · 1915