Elsner v. Supreme Lodge, Knights & Ladies of Honor
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — How. Geo. W. Lubke, Judge. This action is upon two benefit certificates for three thousand dollars, issued by the Supreme Lodge, Knights and Ladies of Honor, upon the life of Jacob Eisner, payable to his widow, the plaintiff, upon his death. The defense is that he misrepresented his age in the application upon which the . certificates were based..
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Appeal from St. Louis City Circuit Court. — How. Geo. W. Lubke, Judge. This action is upon two benefit certificates for three thousand dollars, issued by the Supreme Lodge, Knights and Ladies of Honor, upon the life of Jacob Eisner, payable to his widow, the plaintiff, upon his death. The defense is that he misrepresented his age in the application upon which the . certificates were based.. The answer charges that he was born December 3, 1828, instead of December 28, 1837, as he had stated in his application. Issue was taken on this defense. "When the case was called for trial, defendant…
1Opinion of the CourtBarclay, J.
— I. The admission, which plaintiff’s counsel made under section 3596 (R. S. 1879), to avoid the continuance asked by defendant, was that the defendant’s absent witnesses, if present, would swear to the facts set out in the affidavit. That admission permitted defendant to “ read as the evidence of such witness the facts so stated in such affidavit.”
At best this device furnishes a poor substitute for the testimony of a witness, but the legislature has sanctioned it as a necessary measure to diminish somewhat the evils of delay in the administration of justice. But it is a law which, obviously,…
2Cases cited2 opinions
- State v. BabbSupreme Court of Missouri · 1882
- Greenwell v. CrowSupreme Court of Missouri · 1881
3Cited by15 opinions
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- Ely & Walker Dry Goods Co. v. McLaughlin, Dyer & Co.Missouri Court of Appeals · 1899
- Jones v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1921
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