Biegler v. Supreme Council of American Legion of Honor
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The true rule is that death will be presumed from an unexplained absence of seven years, only when the following facts are proved (unless the person when last heard from was shown to have been in contact with a great peril rendering continuation of life improbable) : First.
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Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The true rule is that death will be presumed from an unexplained absence of seven years, only when the following facts are proved (unless the person when last heard from was shown to have been in contact with a great peril rendering continuation of life improbable) : First. The departure must have been from the last known domicile (if not from the country or state) for temporary purposes with the intention of returning. Lichens v. Miller, 12 Mo. App. 413; Wentworth v. Wentworth, 71 Me. 72; Spurr v. Tremble, 1 A. K.…
1Opinion of the CourtRombauer, P. J.
— John F. Biegler, the plaintiff’s husband, was, on February 22, 1886, a member of the defendant corporation, holding one of its benefit certificates for $1,000, payable at his death to his wife, the plaintiff. On the day named he left his residence in the city of St. Louis, and was never heard from since. In May, 1893, the plaintiff, relying on the presumption of death arising on this unexplained absence for a period of more than seven years, instituted the present *421action to recover the amount mentioned in the certificate. Upon the trial of the cause the defendant admitted of record “that,…
2Cases cited3 opinions
- Hancock v. American Life InsuranceSupreme Court of Missouri · 1876
- Donaldson v. LewisMissouri Court of Appeals · 1879
- Dickens v. MillerMissouri Court of Appeals · 1882
3Cited by10 opinions
- Bradley v. Modern Woodmen of AmericaMissouri Court of Appeals · 1910
- Cobble v. Royal Neighbors of AmericaSupreme Court of Missouri · 1921
- Heath v. Salisbury Home Telephone Co.Supreme Court of Missouri · 1930
- Duff v. DuffMissouri Court of Appeals · 1911
- Winter v. Supreme Lodge Knights of PythiasMissouri Court of Appeals · 1903
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