Porter v. Loyal Americans of the Republic
Missouri Court of Appeals
Appeal from Pemiscot County. — Ron. Frank Kelly, Judge. (1) Defendant by keeping the money paid for insurance by the said Fred C. Porter, after having knowledge of his death, waived all conditions, and things that were to have been done by the said Fred C. Porter, and treated them as having been done, which gave the policy full force and effect, and makes the defendant liable on a suit by the beneficiaries named therein.
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Appeal from Pemiscot County. — Ron. Frank Kelly, Judge. (1) Defendant by keeping the money paid for insurance by the said Fred C. Porter, after having knowledge of his death, waived all conditions, and things that were to have been done by the said Fred C. Porter, and treated them as having been done, which gave the policy full force and effect, and makes the defendant liable on a suit by the beneficiaries named therein. We think the following cases are on all fours with the case at bar on the question of waiver. Rhodus v. Kansas City Life Ins. Co., 156 Mo. App. 281; Bell v. Missouri State…
1Opinion of the CourtFarrington, J.
In this case the trial court rendered a judgment ag’ainst the plaintiffs and they have appealed.
The facts of the case are as follows: The defendant is a legally organized fraternal beneficiary association under the laws of Illinois and is duly authorized to do business as such under the laws of Missouri relating to such insurance companies as set forth in Article 9, Chapter 61, Revised Statutes 1909. In November, 1910, the defendant order, contemplating the organization of a local camp at Hayti in this State, took the application of one Fred C. Porter with a view of issuing a beneficiary…
2Cases cited9 opinions
- Rhodus v. Kansas City Life InsuranceMissouri Court of Appeals · 1911
- Bell v. Missouri State Life InsuranceMissouri Court of Appeals · 1912
- Loyd v. Modern Woodmen of AmericaMissouri Court of Appeals · 1905
- Fulkerson v. LynnMissouri Court of Appeals · 1896
- Shartle v. Modern BrotherhoodMissouri Court of Appeals · 1909
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Gilmore v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1914
- Robertson v. Security Benefit Assn.Supreme Court of Missouri · 1938
- Kansas City Title Ins. Co. v. ButlerCourt of Appeals of Texas · 1952
- State Ex Rel. National Council of Knights & Ladies of Security v. AllenSupreme Court of Missouri · 1925
- Fisher v. Supreme Lodge Knights & Ladies of HonorMissouri Court of Appeals · 1915
1 more not listed; retrieve them via the Exa API.