Johnson v. Sovereign Camp of Woodmen of the World
Missouri Court of Appeals
Appeal from Adair Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) The petition does not state facts sufficient to constitute a cause of action. Ckem. Works v. Nemnick, 169 Mo. 398; Nagel v. Railway, 167 Mo. 96; Sidway y. Land, etc., Go., 163 Mo. 372; Fucks y. St. Louis, 133 Mo. 197; Verdin y. St. Louis, 131 Mo. 151; Pier y.
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Appeal from Adair Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) The petition does not state facts sufficient to constitute a cause of action. Ckem. Works v. Nemnick, 169 Mo. 398; Nagel v. Railway, 167 Mo. 96; Sidway y. Land, etc., Go., 163 Mo. 372; Fucks y. St. Louis, 133 Mo. 197; Verdin y. St. Louis, 131 Mo. 151; Pier y. Heinrich-often, 52 Mo. 336. (2) This trial court erred in refusing to give and be bound by declaration of law, in nature of a demurrer to the evidence, requested by defendant at the close of plaintiff’s case, and also at the close of the whole case, and in failing to…
1Opinion of the CourtEllison, J.
As declared upon in plaintiff’s petition, this action is upon an agreement in writing whereby defendant promised to pay to the plaintiffs, upon the death of B. A. Johnson, an amount of money equal to one assessment on all the members of the defendant not exceeding the sum of $2,000. The defendant’s theory is that it is a fraternal benefit society organized under *100certain laws of Nebraska with certain rules and by-laws for its operation and that it is doing business in Missouri under a permit certificate from the secretary of state. The judgment in the trial court was for plaintiffs.
The ground…
2Cases cited6 opinions
- McDonald v. Bankers Life Ass'nSupreme Court of Missouri · 1900
- Hart v. Harrison Wire Co.Supreme Court of Missouri · 1886
- George T. Smith Middlings Purifier Co. v. RembaughMissouri Court of Appeals · 1886
- Gray v. National Benefit Ass'nIndiana Supreme Court · 1887
- Love v. Central Life InsuranceMissouri Court of Appeals · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- MFA INC. v. DettlerMissouri Court of Appeals · 1991
- Gruwell v. National Council Knights & Ladies of SecurityMissouri Court of Appeals · 1907
- Timmerman v. Bankers' Reserve Life Co.Texas Commission of Appeals · 1933
- Timmerman v. Bankers Reserve Life Co.Texas Supreme Court · 1933
- Smith v. Ohio Millers Mutual Fire InsuranceSupreme Court of Missouri · 1932
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