Helling v. United Order of Honor
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Hon. Shepard Barclay, Judge. There was no evidence upon which the case could properly go to the jury, and defendant’s instruction for non-suit should have been given. The certificate on which plaintiff’s right of action is bottomed, distinctly provides that the sum of three thousand dollars shall be paid out of the mutual aid fund.
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Appeal from the St. Louis Circuit Court, Hon. Shepard Barclay, Judge. There was no evidence upon which the case could properly go to the jury, and defendant’s instruction for non-suit should have been given. The certificate on which plaintiff’s right of action is bottomed, distinctly provides that the sum of three thousand dollars shall be paid out of the mutual aid fund. Nothing in the petition alleges the existence of this fund, and no attempt is made on the trial of the case to prove its existdnce. Smith v. Mut. Ben. Ass’n, 24 Fed. Rep. 685; Curtis v. Mut. Ben. Ass’n, 48 Conn. 98; Griffin…
1Opinion of the Court
Rombauee, J.,
delivered the opinion of the court.'
The plaintiff recovered judgment for fifteen hundred dollars against the defendant, being the balance claimed by her as the beneficiary named in the following certificate:
“No. 6,996. $3,000.00
“ Supreme Lodge : “Seal. : ...................
United Order of Honor.
■- Mutual Aid Fund Certificate.
“This certifies, that Greorge Kroenlein is a member of the United Order of Honor, and entitled to all the rights and privileges of membership, and a benefit not exceeding $3,000 from the mutual aid fund of said order, which shall, in case of total disability,…
2Cases cited8 opinions
- Brown v. WoodSupreme Court of Missouri · 1854
- Whetstone v. ShawSupreme Court of Missouri · 1879
- Riley v. KershawSupreme Court of Missouri · 1873
- Ford v. HennessySupreme Court of Missouri · 1879
- Nance v. MetcalfMissouri Court of Appeals · 1885
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3Cited by4 opinions
- Swofford Bros. Dry Goods Co. v. GossMissouri Court of Appeals · 1896
- Burton v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1914
- Midland Elevator Co. v. Cleary & HamiltonMissouri Court of Appeals · 1898
- Tilles v. Pulitzer Publishing Co.Supreme Court of Missouri · 1912