Oldham v. Modern Brotherhood of America
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. (1) Oldham’s failure to pay Ms assessment in February, 1910, ipso facto suspended Mm from membership.’ Not being in good bealtb at the time of paying this assessment on March 21, his payment of it on that date did not reinstate Mm to membership, and he was not therefore a member of appellant on March 26, the day of his death. Burke v. A. O'. U. W., 136 Mo.
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Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. (1) Oldham’s failure to pay Ms assessment in February, 1910, ipso facto suspended Mm from membership.’ Not being in good bealtb at the time of paying this assessment on March 21, his payment of it on that date did not reinstate Mm to membership, and he was not therefore a member of appellant on March 26, the day of his death. Burke v. A. O'. U. W., 136 Mo. App. 450; Smith v. W. O. W., 179 Mo. 119. (2) Oldham’s dues were always promptly paid prior to February, 1910. If he did not pay them himself, Florance, within the time…
1Opinion of the Court
ELLISON, P. J. —
Plaintiff’s action is on a certificate of life insurance issued to her husband in his lifetime. She recovered judgment in the trial court.
Deceased’s benefit certificate was issued in September, 1907, at defendant’s Independence, Missouri, lodge. He took sick on the 13th of March, 1910, and died in two weeks thereafter.
The members were required to pay monthly assessments to the mortuary fund. These assessments were levied the month preceding their colleciion and notice was given to each member, and they were required to he paid before the end of the month succeeding their levy.…
2Cases cited7 opinions
- McMahon v. Supreme Tent Knights of the Maccabees of the WorldSupreme Court of Missouri · 1899
- Westerman v. Supreme Lodge Knights of PythiasSupreme Court of Missouri · 1906
- Andre v. Modern WoodmenMissouri Court of Appeals · 1903
- Burke v. Grand Lodge A. O. U. W.Missouri Court of Appeals · 1909
- Edmonds v. Modern Woodmen of AmericaMissouri Court of Appeals · 1907
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3Cited by5 opinions
- Griffith v. Supreme Council of the Royal ArcanumMissouri Court of Appeals · 1914
- Kennedy v. Supreme Tent of the Knights of the Maccabees of the WorldWashington Supreme Court · 1918
- Golden v. Brotherhood of Railroad TrainmenMontana Supreme Court · 1939
- Hotchkiss v. Supreme Lodge Knights of PythiasMissouri Court of Appeals · 1914
- Pavlick v. Supreme Lodge Knights of PythiasMissouri Court of Appeals · 1917