Legal Opinion

Hiatt v. Fraternal Home

Missouri Court of Appeals

Decided February 17, 1903PublishedCited by 8 opinions

Appeal from Greene Circuit Court. — Horn. J. T. Neville, Judge. STATEMENT. The defendant is a fraternal beneficiary society organized under article 2, chapter 12, Revised Statutes 1899. The*order has a lodge system with supreme and subordinate lodges, a ritualistic form of lodge work, a secret initiatory ceremony with signs and passwords and a representative form of government. Its supreme executive authority is vested in a supreme lodge.

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Appeal from Greene Circuit Court. — Horn. J. T. Neville, Judge. STATEMENT. The defendant is a fraternal beneficiary society organized under article 2, chapter 12, Revised Statutes 1899. The*order has a lodge system with supreme and subordinate lodges, a ritualistic form of lodge work, a secret initiatory ceremony with signs and passwords and a representative form of government. Its supreme executive authority is vested in a supreme lodge. This body has a supreme president and a supreme secretary and medical examiner. The principal business .office of the order is located at Hamilton, Caldwell…

1Opinion of the Court

OPINION.

BLAND, P. J.

1. Section 1408, R. S. 1899, from which defendant derives its power to issue certificates of insurance, declares fraternal beneficiary associations to be corporations formed and carried on for the sole benefit of its members and their beneficiaries and not for profit; requires that they have a lodge system, a ritualistic form of work and a representative form of government. By requiring a lodge system the statute evidently intended that no person could become a member of these orders until he was initiated as a member of one of its lodges. The by-laws of the defendant…

2Cases cited1 opinion

  1. Matkin v. Supreme Lodge Knights of HonorTexas Supreme Court · 1891

3Cited by8 opinions

  1. Gallop v. Royal Neighbors of AmericaMissouri Court of Appeals · 1912
  2. Shartle v. Modern BrotherhoodMissouri Court of Appeals · 1909
  3. Burner v. American InsuranceMissouri Court of Appeals · 1927
  4. Porter v. Loyal Americans of the RepublicMissouri Court of Appeals · 1914
  5. State Ex Rel. National Council of Knights & Ladies of Security v. AllenSupreme Court of Missouri · 1925

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