Harvey v. Grand Lodge of Ancient Order of United Workmen
Missouri Court of Appeals
.Appeal from the Jackson Circuit Court. — Hon. John W. Henry, Judge. Whether the subordinate lodge or the financier was the agent of the grand lodge to collect and pay over assessment dues, the manner in which it was done showed that the course of dealing with the members, and between members, as to payment of these dues, was such as to forbid forfeiture, and to waive ,that condition of the contract.
Read the full summary
.Appeal from the Jackson Circuit Court. — Hon. John W. Henry, Judge. Whether the subordinate lodge or the financier was the agent of the grand lodge to collect and pay over assessment dues, the manner in which it was done showed that the course of dealing with the members, and between members, as to payment of these dues, was such as to forbid forfeiture, and to waive ,that condition of the contract. Benefit Ass’n v. Jones, 84 Ky. 110; Sweetser v. Aid Ass’n, 117 Ind. 97; Stylow v. Ins. Co., 69 Wis. 224; Thompson v. Ins. Co., 52 Mo. 469; Hanley v. Life Ass’n, 69 Mo. 380; s. o.,4Mo. App. 253.…
1Opinion of the CourtSmith, P. J.
— This is a suit on a beneficiary certificate executed and delivered by defendant, an incorporated fraternal benefit association, to1 William BL Harvey, to pay his wife, the plaintiff, at his death,. $2,000, on condition - that the said Harvey complied with all the laws, rules and requirements of said order. The answer claimed that the said Harvey had failed to-pay an assessment of $1 due by him. on January 28, 1890, and that, on the first day of February thereafter, he died, whereby his benefit certificate became suspended, and whereby he forfeited all claim to the-11 beneficiary fund.” The…
2Cases cited11 opinions
- Westchester Fire Insurance v. EarleMichigan Supreme Court · 1876
- Stylow v. Wisconsin Odd Fellows Mutual Life InsuranceWisconsin Supreme Court · 1887
- Coleman v. Supreme Lodge, Knights of HonorMissouri Court of Appeals · 1885
- Behler v. German Mutual Fire Ins.Indiana Supreme Court · 1879
- Grand Lodge v. ElsnerMissouri Court of Appeals · 1887
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- McMahon v. Supreme Tent Knights of the Maccabees of the WorldSupreme Court of Missouri · 1899
- Modern Woodmen v. TevisCourt of Appeals for the Eighth Circuit · 1902
- Reid v. American National Assurance Co.Missouri Court of Appeals · 1920
- Smith v. Sovereign Camp of the Woodmen of the WorldSupreme Court of Missouri · 1903
- Lavin v. Grand Lodge of the Ancient Order of United WorkmenMissouri Court of Appeals · 1904
18 more not listed; retrieve them via the Exa API.