Miller v. United States Grand Lodge of Order Brith-Abraham
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court.&emdash;Hon. Selden P. Spencer, Judge. The judgment is- against the law and the evidence, respondent’s husband, at the time of his death, having been suspended for nonpayment of dues, and not in good standing, and having voluntarily withdrawn from the order. Const., art. 9, sec. 2; 26 Mo. App. 224; 36 Id. 332; 50 Id. 58; 63 Id. 282; 38 Id. 337; 126 Mo. 638; 1 Bacon, Ben.
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Appeal from the St. Louis City Circuit Court.&emdash;Hon. Selden P. Spencer, Judge. The judgment is- against the law and the evidence, respondent’s husband, at the time of his death, having been suspended for nonpayment of dues, and not in good standing, and having voluntarily withdrawn from the order. Const., art. 9, sec. 2; 26 Mo. App. 224; 36 Id. 332; 50 Id. 58; 63 Id. 282; 38 Id. 337; 126 Mo. 638; 1 Bacon, Ben. Soc. 187, 188. He knowingly and intentionally acquiesced in his suspension, even if it was void. 50 Mo. App. 58. The benefit certificate is testamentary in character, and therefore…
1Opinion of the CourtBond, J.
This suit is by the plaintiff as the widow of A. A. Miller, deceased, upon a certificate issued to him as a member of the defendant’s society, which provides (so far as necessary to be noticed) that the defendant will pay the sum of $500, upon the death of said member, provided he “at the time of his death was or is a member in good standing of his lodge and in this order, and had complied in each and every particular' with the laws governing its endowment benefits.” The certificate further states as follows: “The benefits in the within certificate mentioned and described shall be paid to…
2Cases cited4 opinions
- Glardon v. Supreme Lodge, Knights of Pythias of the WorldMissouri Court of Appeals · 1892
- Borgraefe v. Supreme Lodge, Knights & Ladies of HonorMissouri Court of Appeals · 1887
- Stewart v. Supreme CouncilMissouri Court of Appeals · 1889
- Scheele v. State Home Lodge of the Farmers' Mutual ProtectionMissouri Court of Appeals · 1895
3Cited by11 opinions
- Westerman v. Supreme Lodge Knights of PythiasSupreme Court of Missouri · 1906
- Wayland v. Western Life Indemnity Co.Missouri Court of Appeals · 1912
- Purdy v. Bankers' Life Ass'nMissouri Court of Appeals · 1903
- Morton v. Royal Tribe of JosephMissouri Court of Appeals · 1902
- Bange v. Supreme Council Legion of HonorMissouri Court of Appeals · 1907
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