Ellerbe v. Farmers & Mechanics' Mutual Aid Ass'n
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. (1) The claim should share pro rata with other claims. R. S. 1889, sec. 5948; Relfe v. Baker, 13 Mo. App. 184 ; 2 Perry on Trusts [3 Ed.] sec. 841; Carr v. Ins. Co., 33 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. (1) The claim should share pro rata with other claims. R. S. 1889, sec. 5948; Relfe v. Baker, 13 Mo. App. 184 ; 2 Perry on Trusts [3 Ed.] sec. 841; Carr v. Ins. Co., 33 Mo. App. 291. (2) In any event the amount in the hands of the superintendent as a trust fund should be exempted from any claim of intervenors, and should be used only as is pointed out in the section of the statute under which the said fund came into his hands. R. S., sec. 5934. Respondents ’ priority in equity arises out of the contract of insurance, and,…
1Opinion of the CourtBlack, J.
The general question in this case is whether the intervenors are entitled to a priority of payment of a death loss. The following are the material facts:
In 1887, the National Association of Farmers & Mechanics ’ Mutual Aid Association, an insurance company doing business on the assessment plan, was reincorporated under the act of March 30, 1887, by the name of the Farmers & Mechanics’ Mutual Aid Associati >n. In October, 1889, the company was adjudged insol vent, and its property vested in the superintendent of insurance. At the same time the circuit court appointed a commissioner to receive,…
2Cited by2 opinions
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