Zinke v. Knights of the Maccabees of the World
Missouri Court of Appeals
' Appeal from the Circuit Court of the City of St. Louis. —lion. William M. Kinsey, Judge. (1) If there was a substantial controversy between plaintiff and defendant as to what defendant owed the plaintiff on the benefit certificate, and this controversy arose in consequence of a bona-fide and plausible claim by defendant that there was due under the benefit certificate, by reason of the fact that the member committed suicide, only $578.40, this was a consideration for the…
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' Appeal from the Circuit Court of the City of St. Louis. —lion. William M. Kinsey, Judge. (1) If there was a substantial controversy between plaintiff and defendant as to what defendant owed the plaintiff on the benefit certificate, and this controversy arose in consequence of a bona-fide and plausible claim by defendant that there was due under the benefit certificate, by reason of the fact that the member committed suicide, only $578.40, this was a consideration for the payment and acceptance of this amount in full of all claims on the benefit certificate. Coal Co. v. Coal Co., 127 Mo.…
1Opinion of the CourtBecker, J.
Plaintiff instituted this action before a justice of the peace by filing a statement in which she claimed that she was beneficiary in a benefit certificate issued on the life of her husband, Ferdinand G-. Zinke, in the sum of $1000; that the insured departed this life during the time that said benefit certificate was in force and that the association paid plaintiff the sum of $578.40, leaving a balance of $421.60 due plaintiff, which balance had been previously demanded and payment refused. From a judgment in favor of plaintiff, in the justice court, the defendant appealed. On a trial de novo…
2Cases cited10 opinions
- Stephens v. Metropolitan Life InsuranceMissouri Court of Appeals · 1915
- Alexander v. Grand Avenue Railway Co.Missouri Court of Appeals · 1893
- Sage v. FinneyMissouri Court of Appeals · 1911
- Winter ex rel. Smith v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1901
- Green v. ColeSupreme Court of Missouri · 1895
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3Cited by3 opinions
- Mount Vernon Car Manufacturing Co. v. Hirsch Rolling Mill Co.Supreme Court of Missouri · 1920
- American Life Ins. Co. v. WilliamsSupreme Court of Alabama · 1937
- Zinke v. Knights of the Maccabees of the WorldMissouri Court of Appeals · 1919