Forse v. Supreme Lodge Knights of Honor
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) The petition failed to state a cause of action. It declared upon an alleged conditional contract, and the conditions precedent upon which plaintiff is entitled to recover are not set out in the petition. Therefore defendant’s objection to the introduction of any evidence under the petition should have been sustained. Bobbitt v. Ins. Co., 66 N. C. 70; 8 Am. Rep. 494; Parks v. Heman, 7 Mo.
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Appeal from the Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) The petition failed to state a cause of action. It declared upon an alleged conditional contract, and the conditions precedent upon which plaintiff is entitled to recover are not set out in the petition. Therefore defendant’s objection to the introduction of any evidence under the petition should have been sustained. Bobbitt v. Ins. Co., 66 N. C. 70; 8 Am. Rep. 494; Parks v. Heman, 7 Mo. App. 18; Brecheisen r. Coffey, 15 Mo. App. 80 ; Turner ». Mellar, 59 Mo. 535; Monks r. Miller, 13 Mo. App. 368; Stephens on Pleading,…
1Opinion of the CourtGill, J.
The Supreme Lodge Knights of Honor on May 9, 1882, issued to Charles Alvin Forse its benefit certificate number 181,889, by which it became obligated to pay upon his death, primarily to his widow, and secondarily to his heir, two thousand dollars. Said Forse had received from a subordinate lodge at St. Joseph, the Degree of Manhood and had become a contributor to the Widows and Orphans’ Benefit Fund. His wife died April 5, 1885, and said Forse died May 16, 1885, intestate and without making any disposition of the benefit, and leaving as his only child and heir the plaintiff Lottie, who, by…
2Cases cited5 opinions
- Mulroy v. Supreme Lodge of the Knights of HonorMissouri Court of Appeals · 1888
- Borgraefe v. Supreme Lodge, Knights & Ladies of HonorMissouri Court of Appeals · 1886
- McCorkle v. Texas Benevolent Ass'nTexas Supreme Court · 1888
- Castner v. Farmers' Mutual Fire InsuranceMichigan Supreme Court · 1883
- Siebert v. Supreme Council of the Order of Chosen FriendsMissouri Court of Appeals · 1886
3Cited by6 opinions
- Sovereign Camp, W. O. W. v. BurrellSupreme Court of Alabama · 1920
- Purdy v. Bankers' Life Ass'nMissouri Court of Appeals · 1903
- Supreme Lodge of Knights of Honor v. WollschlagerSupreme Court of Colorado · 1896
- Keeton v. National UnionMissouri Court of Appeals · 1914
- Franklin Life Insurance v. American National BankSupreme Court of Arkansas · 1905
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