Missouri Appeal Reports Volume 198

Missouri Appeal Reports Volume 198

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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. 1918 edition. Excerpt: ...of the certificate asserted that such payment was an accord and satisfaction, which is a method of adjusting a contract or a tort by substituting for such contract or cause of action an agreement for the satisfaction thereof and an execution of such substituted agreement, the payment cannot be sustained as an accord and satisfaction, there being no new contract between the parties nor any consideration on which to base the same;.the benefit certificate merely providing that in case of suicide the association should be liable only for twice the amount of the premiums paid in by the member. 5. INSURANCE: Fraternal Insurance: Action: Tender: Necessity. Where the beneficiary in a certificate issued by a fraternal benefit association would in all events be entitled to retain the amount paid, the association contending that it was liable only for reduced amount because the member committed suicide, the beneficiary in an action to recover the face value of the certificate need not tender a return of the amount received.: iz Evidence: Admissions. Where a notary engaged by a. fraternal benefit association inserted in the proofs of death that the cause of death was suicide, and the beneficiary in the certificate accepted a check for the amount to which she was entitled in case the member had met his death by suicide, the beneficiary was neither estopped from denying that the member came to his death by suicide nor conclusively bound by the admissions in the proof of death, but was entitled to explain or deny them and show they were made as a result of erroneous information or without information. Suicide: Question for Jury. In an action on a certificate issued by a fraternal benefit association, the question whether the member met his death by...show more

Product details

  • Paperback | 266 pages
  • 189 x 246 x 14mm | 481g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236935233
  • 9781236935236