Potievska v. Independent Western Star Order
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Virgil Rule, Judge. The steps prescribed by the constitution and bylaws of the order were not taken before this action was brought, hence there can be no recovery. Poultney v. Buchanan, 31 Hun 54; Harrington y. Benevolent Assn., 70 Ga. 342; Smith y. Tribe No. 111. O. R. M'., 57 Md. 98; Burns y.
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Appeal from St. Louis City Circuit Court. — Hon. Virgil Rule, Judge. The steps prescribed by the constitution and bylaws of the order were not taken before this action was brought, hence there can be no recovery. Poultney v. Buchanan, 31 Hun 54; Harrington y. Benevolent Assn., 70 Ga. 342; Smith y. Tribe No. 111. O. R. M'., 57 Md. 98; Burns y. Protective Union, 10 N. Y. S. 916; Canfield v. Maccabees, 87 Mich. 626; Rood v. Benefit Assn., 31 Fed. 62; Anacosta Tribe of Red Men y. Murbach, 13 Md. 91; Toran y. Association, 4 Pa. St. 519; Society v. Vandyke, 2 Whort. 309; Woolsey y. Odd Fellows, 61…
1Opinion of the CourtGoode, J.
Appellant, a fraternal beneficial association, issued a certificate of membership to Keimann Patt on November 16, 1905, by which it agreed to pay $500 to the beneficiary named and provided for by the laws of the order. The insured died in 1906, and the amount due under the certificate was claimed by respondent as his wife. Patt was a Russian who came to this country about 1903. His real name was Hei-mann Potievska, but finding that name inconvenient, he had it changed to Patt. The order refused to pay the indemnity to respondent and she instituted this action to recover it. The defense is…
2Cases cited5 opinions
- Harness v. CravensSupreme Court of Missouri · 1894
- Landis v. Home Mutual Fire & Marine InsuranceSupreme Court of Missouri · 1874
- Grand Lodge Brotherhood of Railroad Trainmen v. RandolphAppellate Court of Illinois · 1899
- Bukofzer v. United States Grand Lodge of the Independent Order Sons of BenjaminNew York Supreme Court · 1891
- Maxwell v. Family Protective UnionSupreme Court of Georgia · 1902