St. Louis Police Relief Ass'n v. Tierney
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Horatio D. Wood, Judge. The constitutional provisions, forming the contract with the members as to the designation of beneficiary, and the change thereof, cannot be waived by the corporation, nor by its officers. Nibolack on Ben. Assns., s:ec. 215, p. 413; Head v.- Providence Ins. Cop 6 U. S. 127, 2 Cranch, 127; Leonard v. Am. Ins. Co., 97 Ind. 299; Smith v. Smith, 62-111. 494; Couch v. Fire Ins.
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Appeal from St. Louis City Circuit Court. — Hon. Horatio D. Wood, Judge. The constitutional provisions, forming the contract with the members as to the designation of beneficiary, and the change thereof, cannot be waived by the corporation, nor by its officers. Nibolack on Ben. Assns., s:ec. 215, p. 413; Head v.- Providence Ins. Cop 6 U. S. 127, 2 Cranch, 127; Leonard v. Am. Ins. Co., 97 Ind. 299; Smith v. Smith, 62-111. 494; Couch v. Fire Ins. Cop 38 Conn. 181; Plalito v. Ins. Cop 38 Mo1. 255; Buggies v. Collier, 43 Mo. 375; Mathews v. Skinker, 62 M'o. 332; Ellerbe v. Faust, 119 Mo. 653;…
1Opinion of the Court
NORTONI, J.,
(after stating the facts). — 1 It is argued by learned counsel for appellants that inasmuch as there is neither a certificate of membership in the nature of a policy, nor by-laws evidencing a contract of insurance in the case at bar, that the entire contract between the parties is contained in the constitution of the association; that the sections of the constitution above quoted are controlling and that the adjudication of the issues here involved must be had in strict accordance with the letter of said constitutional provisions because they are charter provisions and such…
2Cases cited46 opinions
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- St. Louis, Vandalia & Terre Haute Railroad v. Terre Haute & Indianapolis RailroadSupreme Court of the United States · 1892
- Hellenberg v. District Number One of the Independent Order of BerithNew York Court of Appeals · 1884
- Supreme Conclave v. CappellaU.S. Circuit Court for the District of Eastern Michigan · 1890
- Masonic Benevolent Ass'n v. BunchSupreme Court of Missouri · 1891
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3Cited by9 opinions
- Garrett v. GarrettCalifornia Court of Appeal · 1916
- Walsh v. Sovereign Camp of the Woodmen of the WorldMissouri Court of Appeals · 1910
- Brotherhood of Locomotive Firemen & Enginemen v. GintherWyoming Supreme Court · 1926
- Wintergerst v. Court of HonorMissouri Court of Appeals · 1914
- Henderson v. Modern Woodmen of AmericaMissouri Court of Appeals · 1912
4 more not listed; retrieve them via the Exa API.