Lewine ex rel. Wolford v. Supreme Lodge, Knights of Pythias of the World
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Daniel D. Fisher., Judge. (1) The contract in question is one of life insurance.
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Appeal from St. Louis City Circuit Court. — Eon. Daniel D. Fisher., Judge. (1) The contract in question is one of life insurance. This is settled by an overwhelming array of authorities, from which we need only cite: Toomey v. Knights of Pythias, 147 Mo. 129; State v. Merchants’ Exchange, 72 Mo. 146; National Union v. Marlow, 74 Fed. 775; Commonwealth v. Weather by, 105 Mass. 148; Kern v. Supreme Council, 167 Mo. 471, 67 S. W. 252. (2) Taken in connection with other parts of the contract, the words, “controlled by,” in the application, mean no more than words, “compliance with,” used in the…
1Opinion of the Court
NORTONI, J.,
(after stating the facts). — There being no allegation in the answer that one assessment on the membership was insufficient to render the maximum amount of $2,000 mentioned in the certificate, this feature of the contract is eliminated from consideration, and it therefore follows that Charles. Lewine, the insured member, having committed suicide, these plaintiffs, beneficiaries, are entitled to receive either the maximum amount of $2,000 mentioned in the certificate, or the lesser amount provided for in the subsequent by-law on the subject of suicide. This lesser amount is averred…
2Cases cited64 opinions
- Supreme Commandery of the Knights of the Golden Rule v. AinsworthSupreme Court of Alabama · 1882
- Commonwealth v. WetherbeeMassachusetts Supreme Judicial Court · 1870
- Ballou v. GileWisconsin Supreme Court · 1880
- Masonic Benevolent Ass'n v. BunchSupreme Court of Missouri · 1891
- Fullenwider v. Supreme Council of Royal LeagueIllinois Supreme Court · 1899
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3Cited by16 opinions
- Francis v. Supreme Lodge Ancient Order of United WorkmenMissouri Court of Appeals · 1910
- Roseberry v. American Benevolent Ass'nMissouri Court of Appeals · 1909
- Dessauer v. Supreme Tent, Knights of the Maccabees of the WorldSupreme Court of Missouri · 1919
- Kribs v. United Order of ForestersMissouri Court of Appeals · 1915
- Hines v. Modern Woodmen of AmericaSupreme Court of Oklahoma · 1913
11 more not listed; retrieve them via the Exa API.