Bradley v. Modern Woodmen of America
Missouri Court of Appeals
Appeal from Knox Circuit Court. — Hon. Chas. D. Stewart, Judge. (1) A state once shown to have existed is presumed to continue, so that after proof of existence, there is a presumption of the continuance of life. Hancock; v. Insurance Co., 62 Mo. 26; Greenleaf on Evidence, sec. 41; 19 Am. and Eng. Ency.
Read the full summary
Appeal from Knox Circuit Court. — Hon. Chas. D. Stewart, Judge. (1) A state once shown to have existed is presumed to continue, so that after proof of existence, there is a presumption of the continuance of life. Hancock; v. Insurance Co., 62 Mo. 26; Greenleaf on Evidence, sec. 41; 19 Am. and Eng. Ency. Law, p. 74; In re Hall, 1 Wall J. R. 85. (2) Absence for seven years is not alone sufficient to raise presumption of death; it must also be made to appear that the person has not been heard from. Modern Woodmen of America v. Graber, 128 111. App. 585; Brown v. Jewett, 18 N. H. 230; In re Hall,…
1Opinion of the CourtGoode, J.
(after stating the facts). — 1. The main errors assigned in this case are upon the rulings on requests for instructions, and in support of these rulings plaintiff’s counsel invoke both the presumption enacted in the statute quoted in the statement (Revised Statutes 1899, sec. 3144), and also the common law presumption of the death of a person who has not been heard of after an absence of seven years from his home. Nothing was said in the instructions for plaintiff about presumptions, and whatever clouding of the true issue in the minds of the jury may have resulted from mentioning them, was…
2Cases cited18 opinions
- Davie v. BriggsSupreme Court of the United States · 1878
- Mott v. HicksNew York Supreme Court · 1823
- Hancock v. American Life InsuranceSupreme Court of Missouri · 1876
- Lancaster v. Washington Life InsuranceSupreme Court of Missouri · 1876
- Whiting v. NichollIllinois Supreme Court · 1867
13 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Sovereign Camp, Woodmen of the World v. PiperCourt of Appeals of Texas · 1920
- Sovereign Camp of Woodmen of the World v. RobinsonCourt of Appeals of Texas · 1916
- Lewis v. Lowe & Campbell Athletic Goods Co.Supreme Court of Missouri · 1952
- Howard v. Equitable Life Assurance Society of United StatesWashington Supreme Court · 1938
- Trask v. DavisMissouri Court of Appeals · 1957
23 more not listed; retrieve them via the Exa API.