Ordelheide v. Modern Brotherhood of America
Missouri Court of Appeals
Appeal from Warren County Circuit Court. — Hon. James D. Barnett, Judge.' (1) Our insistence is that the portions of section 1408, R. S. Mo. 1899 and of section 3 of the laws of Iowa merely designating the persons to whom benefit certificates may be made payable, are no part of the definition of a fraternal benefit society under either statute.
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Appeal from Warren County Circuit Court. — Hon. James D. Barnett, Judge.' (1) Our insistence is that the portions of section 1408, R. S. Mo. 1899 and of section 3 of the laws of Iowa merely designating the persons to whom benefit certificates may be made payable, are no part of the definition of a fraternal benefit society under either statute. To determine whether or not appellant is a fraternal benefit society the only inquiries to be made are, whether it is a corporation or voluntary association organized and carried on for the sole benefit of its members, and not for profit; whether it…
1Opinion of the CourtCaulfield, J.
This is an action brought by an administrator to recover the amount, with interest, of what plaintiff calls a life insurance policy and defendant calls a benefit certificate issued by a fraternal benefit society, for one thousand dollars. The plaintiff had judgment and defendant has appealed. The policy or certificate was issued to plaintiff’s intestate, Walter L. Leek, and was payable to his “legal representatives, related to the member as . . .” Defendant admits all matters essential to a recovery by the plaintiff and relies solely for its defense upon the fact that the insured committed…
Also in this document: Concurrence.
2Cases cited12 opinions
- Westerman v. Supreme Lodge Knights of PythiasSupreme Court of Missouri · 1906
- Ewing v. ShannahanSupreme Court of Missouri · 1892
- Aloe v. Fidelity Mutual Life Ass'nSupreme Court of Missouri · 1900
- Toomey v. Supreme Lodge Knights of PythiasSupreme Court of Missouri · 1898
- State ex rel. Supreme Lodge Knights v. VandiverSupreme Court of Missouri · 1908
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3Cited by5 opinions
- Knott v. Security Mutual Life InsuranceMissouri Court of Appeals · 1912
- Armstrong v. Modern Brotherhood of AmericaSupreme Court of Missouri · 1912
- Umberger v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1912
- Gibbs v. Knights of PythiasMissouri Court of Appeals · 1913
- Schmidt v. Supreme Court United Order of ForestersMissouri Court of Appeals · 1915