Westerman v. Supreme Lodge Knights of Pythias
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.—Now. D. D. Fisher, Judge. (1) Fraternal beneficiary associations, and the certificates issued by them to their members, do not come within the scope or meaning of the act of May 19,1879, known as the “Non-forfeiture Insurance Statute,” which, in an amended form, is now section 7897, Revised Statutes 1899. The purposes of such societies and their business methods do not bring them or their contracts with their members within the…
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Appeal from St. Louis City Circuit Court.—Now. D. D. Fisher, Judge. (1) Fraternal beneficiary associations, and the certificates issued by them to their members, do not come within the scope or meaning of the act of May 19,1879, known as the “Non-forfeiture Insurance Statute,” which, in an amended form, is now section 7897, Revised Statutes 1899. The purposes of such societies and their business methods do not bring them or their contracts with their members within the object sought to be accomplished by the Legislature, which was to give to the insured the benefit of the excess in premiums…
1Opinion of the CourtFox, J.
—This cause is here upon appeal by the defendant from a judgment réndered by the circuit court of the city of St. Louis for the sum of $5,236.27.
A statement of this cause was made in Division One of this court prior to its transfer to Court in Banc. The statement is substantially correct and with the permission of my colleagues it will be here adopted.
This is an action commenced in the circuit court of St. Louis on the 16th day of May, 1900, to recover the sum of $5,000 on a policy of insurance, as the plaintiff designates it, or a certificate of membership, as the defendant styles it, issued…
2Cases cited25 opinions
- Masonic Benevolent Ass'n v. BunchSupreme Court of Missouri · 1891
- McMahon v. Supreme Tent Knights of the Maccabees of the WorldSupreme Court of Missouri · 1899
- Kern v. Supreme Council, American Legion of HonorSupreme Court of Missouri · 1902
- Union Insurance v. HogeSupreme Court of the United States · 1859
- Venable v. Wabash Western Railway Co.Supreme Court of Missouri · 1893
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3Cited by56 opinions
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- Cleaver v. Central States Life InsuranceSupreme Court of Missouri · 1940
- Folk v. City of St. LouisSupreme Court of Missouri · 1913
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