Miller v. National Council of the Knights & Ladies of Security

Citations

• 103 Kan. 579
• 175 P. 397
• 1918 Kan. LEXIS 327

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Benefit Insurance — Pleadings—Reply—No Substantial Departure. The reply examined, and held not to amount to such a departure as to warrant a reversal.</p> <p>2. Same — Trial—Improper Question. An objection to a question calling for the conclusion of a witness was rightfully sustained.</p> <p>3. Same — “Corporal Appearances” — Indication of Health. “Corporal appearances and conduct as indications of the inward health or lack of it are relevant.”</p> <p>4. Same — Hypothetical Question — Omission of One Fact — No Material Error. The omission of one fact from the hypothetical question propounded to one of several witnesses did not constitute material error.</p> <p>5. Same — Demurrer to Evidence — Properly Overruled. The demurrer to the plaintiffs’ evidence was properly overruled, and requests for instructions raising the same question as such demurrer were properly refused.</p> <p>6. Same — Instructions. An instruction as to the necessity of concurrent delinquency, suspension, and bad health was not erroneous.</p> <p>7. Same — Instructions—Forfeiture—Proof. In view of the issues raised by the pleadings, no error was committed by charging that the defense must be proved by the greater weight of the evidence, and that the defense of forfeiture must be established by clear and satisfactory proof.</p> <p>8. Same — Nonpayment of Dues — Reinstatement—Condition of Health. To entitle the member to reinstatement, she must, aside from slight troubles or infirmities not usually ending in serious consequences, have been in fact free from any disease or ailment which tended seriously or permanently to weaken or impair her constitution.</p> <p>9. Same — Instruction Relating to “Good Health” Erroneous. It was error to instruct that if the insured enjoyed such good health and strength as to justify the reasonable belief that she was free from derangement of organic functions or symptoms, and to ordinary observation or outward appearance her health wa