Morton v. Royal Tribe of Joseph
Missouri Court of Appeals
Appeal from Cape Girardeau Circuit Court. — Hon. Henry 0. Riley, Judge. (1) This case turns upon the terms and character of the contract, which the court erroneously submitted to the jury. Contracts must be construed by the court.- Gas Light Co. v. Ins. Co., 33 Mo. App. 348. (2) Suicide is no defense to a. straight, life policy.
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Appeal from Cape Girardeau Circuit Court. — Hon. Henry 0. Riley, Judge. (1) This case turns upon the terms and character of the contract, which the court erroneously submitted to the jury. Contracts must be construed by the court.- Gas Light Co. v. Ins. Co., 33 Mo. App. 348. (2) Suicide is no defense to a. straight, life policy. R. S. 1899, sec. 7896. (3) Suicide is no defense to an assessment policy, since the amendment of 1897, page 129. Logan v. Fidelity Co., 146 Mo. 114; Toomey v. K. P., 147 Mo. 129. (4) Prior to that amendment, suicide was a defense to a mutual assessment policy. Wallace…
1Opinion of the CourtBland, P. J.
The petition alleges that the defendant is a corporation, incorporated under the laws of this State, doing business as an insurance company. The petition is in two counts. The first is to recover on the following certificate of insurance:
“Number 39700, Division C. Amount $1,000. Royal Tribe of Joseph, Sedalia, Missouri, U. S. of America. This certifies that Ralph Waldo Morton is a member of Shawnee Lodge, Number 33, and that in accordance with and under the provisions of the laws of this society he is entitled to all the rights, benefits and privileges of membership therein, and that upon…
2Cases cited7 opinions
- Knights of Pythias v. KalinskiSupreme Court of the United States · 1896
- Toomey v. Supreme Lodge Knights of PythiasSupreme Court of Missouri · 1898
- Jacobs v. Omaha Life Ass'nSupreme Court of Missouri · 1898
- Hofman v. Grand Lodge of Brotherhood of Locomotive FiremenMissouri Court of Appeals · 1898
- Miller v. United States Grand Lodge of Order Brith-AbrahamMissouri Court of Appeals · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Westerman v. Supreme Lodge Knights of PythiasSupreme Court of Missouri · 1906
- State ex rel. Supreme Lodge Knights v. VandiverSupreme Court of Missouri · 1908
- Grand Lodge Ancient Order of United Workmen v. McFaddenSupreme Court of Missouri · 1908
- Lewine ex rel. Wolford v. Supreme Lodge, Knights of Pythias of the WorldMissouri Court of Appeals · 1907
- Pearson v. Knight Templars & Masons Indemnity Co.Missouri Court of Appeals · 1905
4 more not listed; retrieve them via the Exa API.