Wintergerst v. Court of Honor
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon W. B. Homer, Judge. (1) The trial court committed reversible error in declaring as a matter of law, at the request of respondent, that the beneficiar}'" in the certificate sued on was never changed from Pearl Riley, the original beneficiary, to Ella Wintergerst and Pearl Riley, and that consequently, the appellants having sued on a joint cause of action could not recover.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon W. B. Homer, Judge. (1) The trial court committed reversible error in declaring as a matter of law, at the request of respondent, that the beneficiar}'" in the certificate sued on was never changed from Pearl Riley, the original beneficiary, to Ella Wintergerst and Pearl Riley, and that consequently, the appellants having sued on a joint cause of action could not recover. The change in beneficiary made by Charles Wintergerst before his death, is valid and binding on respondent. Bacon Benefit Societies (3 Ed.), sec. 309; Police Relief Association…
1Opinion of the CourtReynolds, P. J.
Action by appellants, who claim to be the beneficiaries designated in • a .certificate of membership said to have been issued to one Charles Wintergerst. It is claimed that this certificate was issued on or about June 30, 1911, to Charles Wintergerst as a member of the defendant company, a fraternal insurance corporation, organized under the laws of Illinois and authorized to do business in this State as such organization; that by the benefit certificate issued, defendant, on the death of Charles Wintergerst, became obligated to pay to appellant Pearl Riley $1000, on satisfactory proof of the…
2Cases cited13 opinions
- McMahon v. Supreme Tent Knights of the Maccabees of the WorldSupreme Court of Missouri · 1899
- Clifford Banking Co. v. Donovan Commission Co.Supreme Court of Missouri · 1906
- McGowan v. Supreme Court of the Independent Order of ForestersWisconsin Supreme Court · 1899
- National Ass'n of the National American Ass'n v. KirginMissouri Court of Appeals · 1887
- Loesch v. Union Casualty & Surety Co.Supreme Court of Missouri · 1903
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Brotherhood of Locomotive Firemen & Enginemen v. GintherWyoming Supreme Court · 1926
- United Artisans v. CroniseOregon Supreme Court · 1918
- Kennedy v. Supreme Tent of the Knights of the Maccabees of the WorldWashington Supreme Court · 1918
- Fisher v. Supreme Lodge Knights & Ladies of HonorMissouri Court of Appeals · 1915
- United Feldspar & Minerals Corp. v. BumpusSupreme Judicial Court of Maine · 1944
2 more not listed; retrieve them via the Exa API.