Stone v. Grand Lodge, Ancient Order of United Workmen
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Horn,. William B. Teas dale, Judge. (1) Was plaintiff Mary F. Stone bound by the judgment of the circuit court dismissing the petition of her husband, B. D. Stone, for writ of mandamus, which judgment was rendered in obedience to the mandate and opinion of this court, in which it was adjudicated and determined that Stone was duly suspended from membership in defendant order, and had abandoned same and was not entitled to be restored to…
Read the full summary
Appeal from Jackson Circuit Court. — Horn,. William B. Teas dale, Judge. (1) Was plaintiff Mary F. Stone bound by the judgment of the circuit court dismissing the petition of her husband, B. D. Stone, for writ of mandamus, which judgment was rendered in obedience to the mandate and opinion of this court, in which it was adjudicated and determined that Stone was duly suspended from membership in defendant order, and had abandoned same and was not entitled to be restored to membership. In other words, was the judgment in mandamus res adjudicada so far,as this plaintiff is concerned. (2) Even…
1Opinion of the CourtBroaddus, P. J.
On September 30, 1892, the defendant, a beneficiary organization, issued to one B. D. Stone a policy of insurance, wherein plaintiff Mary P. Stone was made the beneficiary. On October 7, 1903, said Stone died. This suit was commenced December 23, 1903. The petition is in the usual form on contracts of insurance of the same kind, and alleges performance by the insured with all the conditions of the contract, and that defendant had waived all formal proof of death. The answer sets up several defenses, but, as the defendant only relied on one of them, we are not required to notice the others.…
2Cases cited4 opinions
- Hewitt v. SteeleSupreme Court of Missouri · 1896
- A. M. Stevens Lumber Co. v. Kansas City Lumber Co.Missouri Court of Appeals · 1897
- Musser v. HarwoodMissouri Court of Appeals · 1886
- Atkison v. DixonSupreme Court of Missouri · 1888
3Cited by1 opinion
- Strottman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1910