Smith v. Sovereign Camp of the Woodmen of the World
Supreme Court of Missouri
Appeal from Cooper Circuit Court . — Hon. Jas. E. Harnett, Judge. (1) Defendant’s motion to strike out should have been sustained. Pier v. Henrichoffen, 52 Mo. 333; Lanitz v. King, 93 Mo. 513. (2) It was error to admit evidence tending to show that deceased was delirious and unconscious during his last illness.
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Appeal from Cooper Circuit Court . — Hon. Jas. E. Harnett, Judge. (1) Defendant’s motion to strike out should have been sustained. Pier v. Henrichoffen, 52 Mo. 333; Lanitz v. King, 93 Mo. 513. (2) It was error to admit evidence tending to show that deceased was delirious and unconscious during his last illness. This condition was no legal excuse for non-payment of dues and assessments. 2 Beach on Insurance, sec. 981; Thompson v. Insurance Co., 104 U. S. 766. (3) By his contract with defendant order, the certificate sued upon became null and void, upon the failure of the deceased member to pay…
1Opinion of the CourtBurgess, J.
— Defendant is a fraternal beneficiary association, incorporated under the laws of the State-of Nebraska, issues certificates in the nature of life insurance policies on the lives of its members, and is authorized to transact business as such association in this State.
There was a local camp of defendant order at the village of Gooch Mill, in Cooper county, Missouri. One-J. E. Smith was a member of said camp, and held a beneficiary certificate of defendant, by the terms of which, upon the death of said member while in good standing in defendant order, the plaintiffs in this suit-were entitled…
2Cases cited11 opinions
- Thompson v. Insurance Co.Supreme Court of the United States · 1881
- Gabbert v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902
- McFadin v. CatronSupreme Court of Missouri · 1894
- Borgraefe v. Supreme Lodge, Knights & Ladies of HonorMissouri Court of Appeals · 1886
- Harvey v. Grand Lodge of Ancient Order of United WorkmenMissouri Court of Appeals · 1892
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3Cited by23 opinions
- Spalding v. RobertsonSupreme Court of Missouri · 1947
- State v. CharlesMissouri Court of Appeals · 1978
- State Ex Rel. State Highway Commission v. HaidSupreme Court of Missouri · 1933
- State Ex Rel. State Highway Commission v. YoungSupreme Court of Missouri · 1929
- Carrel v. Wilkerson Ex Rel. WilkersonMissouri Court of Appeals · 1974
18 more not listed; retrieve them via the Exa API.