Legal Opinion

McPike v. Supreme Ruling of the Fraternal Mystic Circle

Missouri Court of Appeals

Decided February 2, 1915PublishedCited by 6 opinions

Appeal from Pike Circuit Court. — Eon. B. E. Dyer, Judge. (1) The crucial point or question presented on this appeal for determination is, the proper construction to be given the policy or certificate of insurance sued on, and the consequent liability of defendant thereunder by virtue of its certificate of assumption.

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Appeal from Pike Circuit Court. — Eon. B. E. Dyer, Judge. (1) The crucial point or question presented on this appeal for determination is, the proper construction to be given the policy or certificate of insurance sued on, and the consequent liability of defendant thereunder by virtue of its certificate of assumption. In settling this question, the application of the insured, the constitution and by-laws of the Safety Fund Insurance Society, which are made a part of the policy, and the policy must be considered together, as each form an essential element of the contract of insurance. Laker v.…

1Opinion of the CourtNortoni, J.

This is a suit on a policy of life insurance. Plaintiff recovered and defendant, prosecutes the appeal.

*682A jury was waived and the cause tried before the court. No instructions were asked or given, and the question for consideration relates to the construction of the policy and the character of insurance involved. If the policy is a mutual benefit certificate under our law, then plaintiff is entitled to recover $731.70 only, in accordance with the constitution and by-laws of the company; while, on the other hand, if it is to be treated as an old line life insurance policy, the recovery should…

2Cases cited3 opinions

  1. Toomey v. Supreme Lodge Knights of PythiasSupreme Court of Missouri · 1898
  2. State ex rel. Supreme Lodge Knights v. VandiverSupreme Court of Missouri · 1908
  3. Wilson v. General Assembly of American Benevolent Ass'nMissouri Court of Appeals · 1907

3Cited by6 opinions

  1. Kribs v. United Order of ForestersMissouri Court of Appeals · 1915
  2. State Ex Rel. Business Men's Assurance Co. v. AllenSupreme Court of Missouri · 1924
  3. Ryan v. Woman's Benefit Ass'n of the MacCabeesMissouri Court of Appeals · 1921
  4. Rios v. Supreme Forest Woodmen CircleMissouri Court of Appeals · 1942
  5. Gudinas v. Globe Mutual Life Insurance Co. of ChicagoAppellate Court of Illinois · 1928

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