Stewart v. Supreme Council
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Siiepard Barclay, Judge. Ordinarily the plaintiff makes out a case by offering the benefit certificate which recites that the member was at the time of its issue in good standing, as this status once fixed is presumed to continue. Mulroy v. Knights of Honor, 2S Mo.
Read the full summary
Appeal from the St. Louis City Circuit Court. — Hon. Siiepard Barclay, Judge. Ordinarily the plaintiff makes out a case by offering the benefit certificate which recites that the member was at the time of its issue in good standing, as this status once fixed is presumed to continue. Mulroy v. Knights of Honor, 2S Mo. App. 468; Ziegler v. Aid Ass'n, 1 McGrloin (La.) 284; Knights of Honor v. Johnson, 78 Ind. 110. But in this case plaintiff showed affirmatively that Hugh Stewart had become suspended four months before his death and was therefore not in good standing. The court will not presume…
1Opinion of the CourtRombauer, P. J.
The plaintiff sues the defendant, a beneficial corporation, incorporated under the laws of the state of Massachusetts, setting forth in her petition the objects of the incorporation, that it did business in the state through subordinate councils, and among others, established Lafayette Council, number 392, in the city of St. Louis, and that in October, 1883, the plaintiff’s son, Hugh Stewart, became a beneficial member of the defendant order, in said Lafayette Council number 392, and received a benefit certificate, numbered 67,074, dated October 31, 1883, for two thousand dollars ($2,000),…
2Cases cited8 opinions
- Mulroy v. Supreme Lodge of the Knights of HonorMissouri Court of Appeals · 1888
- Reid v. Piedmont & Arlington Life InsuranceSupreme Court of Missouri · 1874
- Coleman v. Supreme Lodge, Knights of HonorMissouri Court of Appeals · 1885
- Swift v. Railway Passenger & Freight Conductors' Mutual Aid & Benefit Ass'nIllinois Supreme Court · 1880
- Grand Lodge v. ElsnerMissouri Court of Appeals · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Petherick v. General Assembly of OrderMichigan Supreme Court · 1897
- Kumle v. Grand Lodge Ancient Order of United WorkmenCalifornia Supreme Court · 1895
- Miller v. United States Grand Lodge of Order Brith-AbrahamMissouri Court of Appeals · 1897
- Heffernan v. Supreme Council American Legion of HonorMissouri Court of Appeals · 1890
- Keily v. Knights of Father MatthewMissouri Court of Appeals · 1913
5 more not listed; retrieve them via the Exa API.