Easter v. Brotherhood of American Yeomen
Missouri Court of Appeals
Appeal from Jackson Oircnit Court. — Hon. A. O. Lucas, Judge. (1) The court erred in overruling defendant’s demurrer at the close of plaintiff’s evidence. "Worth v. Insurance-Co., 61 Mo. App. 586-587; Hester v. Fidelity So Casualty Co., 69 Mo. App. 186; Insurance Co. v. Roger, 119 111. 185. (2) Our courts have uniformly held that instructions should not he given unless supported by substantial evidence.
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Appeal from Jackson Oircnit Court. — Hon. A. O. Lucas, Judge. (1) The court erred in overruling defendant’s demurrer at the close of plaintiff’s evidence. "Worth v. Insurance-Co., 61 Mo. App. 586-587; Hester v. Fidelity So Casualty Co., 69 Mo. App. 186; Insurance Co. v. Roger, 119 111. 185. (2) Our courts have uniformly held that instructions should not he given unless supported by substantial evidence. Instructions which are not based upon facts in the case and are calculated to mislead, although correct as abstract propositions of law, should be refused. There is no difference either…
1Opinion of the CourtJohnson, J.
The cause of action pleaded in the petition is on a policy of ordinary life insurance. It is alleged “that on January 8,1901, for value received, defendant issued to Elmore W. Easter its policy of insurance ... by which it promised to pay to Agnes Easter, plaintiff herein, the sum of two thousand dol*294lars upon the death of the said Elmore W. Easter . . . that on August 10, 1907, the said Elmore W. Easter died, and said Elmore W. Easter and this plaintiff have complied with all the conditions in said policy required to be performed, etc.” In the answer defendant admits that plaintiff, who was…
2Cases cited3 opinions
- Gruwell v. National Council Knights & Ladies of SecurityMissouri Court of Appeals · 1907
- Wayland v. Western Life Indemnity Co.Missouri Court of Appeals · 1912
- Easter v. Brotherhood of American YeomenMissouri Court of Appeals · 1911
3Cited by4 opinions
- Roberson v. Brotherhood of Locomotive Firemen & EnginemenMissouri Court of Appeals · 1937
- Deskin v. United States Reserve InsuranceMissouri Court of Appeals · 1927
- Ware v. Grand Lodge Brotherhood of Railroad TrainmenWashington Supreme Court · 1929
- Swinney v. Modern Woodmen of AmericaMissouri Court of Appeals · 1936