Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri Volume 132

Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri Volume 132

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...not competent for that purpose and properly excluded. Buckingham testified in behalf of defendant to the effect; that he made out the claim of Mrs. Province for indemnity for twenty-six weeks temporary indemnity; that it was read to her and she signed it; and that there was nothing said about any claim for permanent disability. It was shown that defendant refused to al 132 App--26. low plaintiff's claim for permanent disability before suit was instituted. It is insisted by the defendant that the court committed error in instruction numbered two given for plaintiff, in construing the permanent disability clause of the policy in holding: "That if the insured was permanently disabled for his lifetime (not exceeding one hundred weeks) whereas the money promised is the gross sum of $1,000, conditioned upon the disability for one year, and the reasonable certainty of its continuing during lifetime." The instruction is as follows: "2. The court instructs the jury that if they believe from the evidence in this case that on.or about the 23d day of July, 1904, the defendant for a valuable consideration executed and delivered to Daniel H. Province its contract and policy of insurance by which it insured him from loss on account of permanent disability in the sum equal to one hundred weeks indemnity at the rate of ten dollars per week; that is to say, in the sum of one thousand dollarsto be paid to him upon satisfactory proof that he as the result of disease contracted during the term of this policy entirely and irrecoverably lost by incurable paralysis permanently and entirely the use of one hand and one foot, and also that he was, on account of said condition, during his life and until his death, permanently disabled more

Product details

  • Paperback | 250 pages
  • 189 x 246 x 13mm | 454g
  • United States
  • English
  • black & white illustrations
  • 1236797434
  • 9781236797438