Dieterich v. Modern Woodmen of America
Missouri Court of Appeals
Appeal from Lawrence Circuit Court. — Hon. Carr McNatt, Judge. (1) The contract at all times contemplated that the person occupying’ the status of wife of Martin Dieterich should any such person survive him, should take the benefits. And none of the interpleaders bore that relation or occupied that status. Order of Railway Conductors v. Koster, 55 Mo. App. 196. (2) Martin Dieterich is conclusively presumed to have known the by-laws of the association.
Read the full summary
Appeal from Lawrence Circuit Court. — Hon. Carr McNatt, Judge. (1) The contract at all times contemplated that the person occupying’ the status of wife of Martin Dieterich should any such person survive him, should take the benefits. And none of the interpleaders bore that relation or occupied that status. Order of Railway Conductors v. Koster, 55 Mo. App. 196. (2) Martin Dieterich is conclusively presumed to have known the by-laws of the association. Harvey v. Grand Lodge, 50 Mo. App. 472; Coleman v. Knights of Honor, 18 Mo. App. 194; Grand Lodge v. Eisner, 26 Mo. App. 108; Burke v. Grand…
1Opinion of the CourtCox, J.
The defendant, Modern Woodmen of América, is a fraternal beneficial association with an insurance feature incorporated under the laws of Illinois and authorized to do business in this state. Plaintiff brought suit against it to recover $1000, the amount of a benefit certificate issued by it to one Martin Dieterich, basing her right to the fund upon the fact that she was his wife at the time of his death. The defendant admitted its liability for the amount but alleged that the heirs of Martin Dieterieh were also claiming the fund and ashed to pay the money into court and that plaintiff and the…
2Cases cited15 opinions
- McMahon v. Supreme Tent Knights of the Maccabees of the WorldSupreme Court of Missouri · 1899
- Morton ex rel. Richardson v. Supreme Council of the Royal LeagueMissouri Court of Appeals · 1903
- Davison v. HoughSupreme Court of Missouri · 1901
- Roselle v. Farmers' BankSupreme Court of Missouri · 1893
- Sisson v. Supreme Court of HonorMissouri Court of Appeals · 1904
10 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Dessauer v. Supreme Tent, Knights of the Maccabees of the WorldSupreme Court of Missouri · 1919
- Hines v. Modern Woodmen of AmericaSupreme Court of Oklahoma · 1913