Henderson v. Modern Woodmen of America
Missouri Court of Appeals
Appeal from Vernon Circuit court. — How. H. G. Thurman, Judge. (1) The statute of Missouri governing this case authorizes a change of beneficiary, provided it is done in the manner directed by the by-laws of the associa- . tion.
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Appeal from Vernon Circuit court. — How. H. G. Thurman, Judge. (1) The statute of Missouri governing this case authorizes a change of beneficiary, provided it is done in the manner directed by the by-laws of the associa- . tion. R. S. 1899, sec. 1417. (2) In the absence of a statute governing the matter if 'the right to change the beneficiary is reserved to the assured in the benefit certificate, by complying with the by-laws of the association, such reservation would be binding on the beneficiaries, but if the by-laws provided a specific method of effecting a change of beneficiary, it…
1Opinion of the CourtBroaddus, P. J.
This suit was instituted against the Modern Woodmen of America by Flora Henderson on a benefit certificate issued to Albert Merchant and payable to the plaintiff, his mother. The Modern Woodmen of America answered by bill inter-pleading Vergie and Lawrence Merchant, claimants of the benefits under the certificate, and paid the money into court. Vergie and Lawrence Merchant inter-pleaded for the fund and on the trial were successful, and the plaintiff appealed. The respondent, Vergie, was the wife and the respondent, Lawrence, was the son of the insured. Albert, before his marriage, became a…
2Cases cited5 opinions
- Grand Lodge Ancient Order of United Workmen v. McFaddenSupreme Court of Missouri · 1908
- Walsh v. Sovereign Camp of the Woodmen of the WorldMissouri Court of Appeals · 1910
- St. Louis Police Relief Ass'n v. TierneyMissouri Court of Appeals · 1906
- Ables v. AckleyMissouri Court of Appeals · 1908
- Grand Lodge Ancient Order of United Workmen v. RossMissouri Court of Appeals · 1901
3Cited by4 opinions
- Hughes v. Modern Woodmen of AmericaSupreme Court of Minnesota · 1914
- Brotherhood of Railroad Trainmen v. AdamsMissouri Court of Appeals · 1928
- Jackson v. Brotherhood of American YeomenMissouri Court of Appeals · 1912
- Richie v. RichieSupreme Court of Oklahoma · 1928