Foglesong v. Modern Brotherhood of America
Missouri Court of Appeals
Appeal from Schuyler Circuit Court. — Eon. Eat. M. Shelton,- Judge. (1) It was manifest error for the court to refuse to permit appellant to show that respondent directed what work should be done on his farm, and in that manner was able to carry on and conduct the avocation of farming.
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Appeal from Schuyler Circuit Court. — Eon. Eat. M. Shelton,- Judge. (1) It was manifest error for the court to refuse to permit appellant to show that respondent directed what work should be done on his farm, and in that manner was able to carry on and conduct the avocation of farming. That clause of the benefit certificate under consideration here provides that, before the member is entitled to recover, he must be so permanently and totally disabled as to render him unable to “carry on or conduct any vocation or calling.” (2) The court erred in overruling defendant’s demurrer to the evidence…
1Opinion of the CourtBroaddus, P. J.
The plaintiff’s suit is to recover indemnity on a benefit certificate issued by defendant, which provided: “Within a period of ninety days after receipt of satisfactory proof, of the permanent and total disability of the said member (plaintiff), which renders him unable to carry on or conduct any vocation or calling, and the surrender of this certificate, one-half the amount that would have been due beneficiary in case of the member’s death, will be paid said member in full.” The plaintiff’s wife is the beneficiary named in the cer*551tificate, wlio in case of his death Avould he entitled to the…
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- McMahon v. Supreme CouncilMissouri Court of Appeals · 1893
- Renn v. Supreme Lodge Knights of PythiasMissouri Court of Appeals · 1900
- Supreme Tent of the Knights of the MacCabees of the World v. CoxCourt of Appeals of Texas · 1901
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- Industrial Mutual Indemnity Co. v. HawkinsSupreme Court of Arkansas · 1910
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