Armstrong v. Modern Brotherhood of America
Supreme Court of Missouri
Appeal- from Ralls Circuit Court. — Ron. D. R. Eby, Judge. (1) Armstrong having committed suicide, respondents cannot recover, provided appellant is a fraternal benefit society. Armstrong agreed in his application for membership, that in the event of his death by suicide his benefit certificate should become null and void. The benefit certificate issued to him contained a provision to the same effect.
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Appeal- from Ralls Circuit Court. — Ron. D. R. Eby, Judge. (1) Armstrong having committed suicide, respondents cannot recover, provided appellant is a fraternal benefit society. Armstrong agreed in his application for membership, that in the event of his death by suicide his benefit certificate should become null and void. The benefit certificate issued to him contained a provision to the same effect. Respondents having admitted on the trial of this case that Armstrong committed suicide the law is well settled that they cannot recover in this action, provided appellant shows itself to have…
1Opinion of the CourtBrown, P. J.
— Action on a life insurance policy. From a judgment for plaintiff in the circuit court of Ralls county, Missouri, defendant appealed to the St. Louis Court of Appeals, where the judgment of the circuit court was reversed and the cause certified to this court; the opinion of the St. Louis Court of Appeals being in conflict with the decision of the Kansas City Court of Appeals in the case of Dennis v. Modern Brotherhood of America, 119 Mo. App. 210.
The defendant brotherhood was organized under the laws of Iowa, and is licensed to transact business in Missouri. On November 26, 1902, after the…
2Cases cited3 opinions
- Westerman v. Supreme Lodge Knights of PythiasSupreme Court of Missouri · 1906
- Dennis v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1906
- Ordelheide v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1911
3Cited by7 opinions
- Smith v. Travelers Protective Ass'n of AmericaSupreme Court of Missouri · 1928
- Claudy v. Royal LeagueSupreme Court of Missouri · 1914
- Modern Woodmen of America v. CasadosDistrict Court, D. New Mexico · 1937
- Newland v. Modern Woodmen of AmericaMissouri Court of Appeals · 1913
- Parker v. Supreme Tent, Knights of the Maccabees of the WorldMissouri Court of Appeals · 1915
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