The St. Louis Republic., 1900-12-19
Court of Appeals Holds That Mis-
statement of Mans Age Does
Not Invalidate Insurance.
NINE DECISIONS HANDED DOWN.
Ruling of the Circuit Court Is Sus-
tanned in the Case of Carrie
L. Dawson Against
Aaron Waldhcim.

The Court of Appeals handed down nine
decisions yesterday.
In the case of Selena II. Colley against
John T. Wilson the Court held that the fact
that the plaintiffs husband. John 7. Colley
misstated his age in an application for MEM
bership in the Brotherhood OF Railway
Trackmen did not invalidate his insurance
The record showed that Colley, who is now
dead. had been a member of the order ard
was suspended for becoming delinquent in
his dues; that he applied for readmission
in compliance with the rules of the orGer
that 1t was in the second application that
the misstatement was made. Wilson. as
grand chief OF the order, refused to pay the
certificate. which called for $1,000. The Cir
cult Court held that the order was liable
and the Court Of Appeals sustained the rul
ing. holding that the misstatement was i'm
material, as Colley was already a member
CT the order.
The court sustained the ruling of the Cir
cult Court In the case OF Carrie L. Dawson
against Aaron Waldheim. The record showed
that judgment was given against the de-
fendant in favor Of the plaintiff for sSo5; that
the judgment was affirmed, but that no final
judgment had been entered. The plaintiff
sued out an execution, and the defendant
moved 10 Quash the execution. The Court
cverruled the motion, and the defendant
appealed. The Appellate Court held that the
failure to enter the Judgment was no bar
TO the execution.
The other decisions were as follows:
John II Turner. respondent. VS.. the Providencs
Washington insurance Company appellant: city.
Octavia Wetmore. appellant vs. Board o: Ed
ucation. City Of St Louis. respondent: city: az
nrIned
Jacob Balls ct al. Respondents. vs. Nils Nilsson.
etc. appelee5I city: transferred to Supreme
Court.
State ex rel John II. Schroeder ct al, appel
lants rs. Charles f. Met;!edse ct al. respond
euts: city; reversed and renanded.
Minnie 2. Raymond, respondent. vs. Metropol-
itsn Life Insurance Company. appellants. city;
affirmed
Jennie Harris. respondent. vs.. John T. Wilson
appellant: city: affirmed and renlanded.
State Of Missouri. respondent. William
Watts. appellant: city: appeal dismissed.
The following motions were passed on:
koaen Iron Works James X. kinealy: mo-
tfon for rehearing overruied:
garnishee is allowed Sc for printing brief and SIS
attorney fees for defending cause appeal.
F. II. Billings vs. Cal Hirsch & Son Iron and
Rail Company: motion for rehearins oyerrulei.
opinion withdrawn: new opinion filed and mo.
tion for rehearing overrrled.
Evans R. Darlington VS.. Charles Fozer: motion
for rehearng sustained and rehesrins granted.
Gerhart Realty Company vs. Northern Assur-
ence Company; motion for rehearing overEIei-
ID. r, Nivion Manufacturing Company q. W.
Robertson; transferred 10 Supreme Court.
Edward J. Morris We. Rumsey < Sikemeier;
SIS. rs allowed appellant for printing abstract.
Minor Meriwether vs.. Edward Joy: judgment
modified.
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