Winter v. Supreme Lodge Knights of Pythias
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hem. Selden P. Spencer, Judge. STATEMENT. The suit is to recover $2,000 on a certificate of insurance issued by defendant on the life of Gustav Winter, payable at his death to his wife Lena Winter, the plaintiff. It is admitted by the pleadings that the defendant is a fraternal beneficiary corporation.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hem. Selden P. Spencer, Judge. STATEMENT. The suit is to recover $2,000 on a certificate of insurance issued by defendant on the life of Gustav Winter, payable at his death to his wife Lena Winter, the plaintiff. It is admitted by the pleadings that the defendant is a fraternal beneficiary corporation. It was also admitted on the trial that Gnstav Winter was dead and proof of his death had been duly made, and that he had paid all dues and assessments to the association and was in good standing np to and including March 10, 1894; that for non-payment…
1Opinion of the CourtBland, P. J.
The case was here by appeal once before on substantially the same evidence as we find in the record on the present appeal.
In respect to the death of Winter, this court on the former appeal said: *555of the death of the insured prior to the date named. She was required merely to furnish proof which tended to show that fact, and to make it appear to the jury more probable or credible than otherwise; that is to say, by the preponderance of the evidence. That she did. Lancaster v. Insurance Co., 62 Mo. 121; Davie v. Briggs, 97 U. S. 628, 24 L. Ed. 1086; Rhodes v. Rhodes, 36 Ch. Div. 586; Insurance…
2Cases cited13 opinions
- Davie v. BriggsSupreme Court of the United States · 1878
- Tisdale v. Connecticut Mutual Life InsuranceSupreme Court of Iowa · 1868
- Hancock v. American Life InsuranceSupreme Court of Missouri · 1876
- Lancaster v. Washington Life InsuranceSupreme Court of Missouri · 1876
- Northwestern Mut. Life Ins. v. StevensCourt of Appeals for the Eighth Circuit · 1895
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State ex rel. Anderson Motor Service Co. v. Public Service CommissionMissouri Court of Appeals · 1939
- McLaughlin v. Sovereign CampNebraska Supreme Court · 1914
- Coe v. National Council of the Knights & Ladies of SecurityNebraska Supreme Court · 1914
- Bergman v. K.O.T.M.Missouri Court of Appeals · 1920
- State Ex Rel. v. Pub. Serv. Comm.Missouri Court of Appeals · 1939