Thompson v. Modern Brotherhood of America
Missouri Court of Appeals
Appeal from Livingston Circuit Court. — Hon. A. B. Davis, Judge. (1) The Tby-laws, as well as all other sections and provisions thereof, including the terms of the application, were a part of the benefit certificate issued to Thompson, and a part of the contract between him and appellant. Richmond v. Snp. Lodge, 100 Mo. App. 19; Laker v. Royal Fraternal Union, 95 Mo. App. 353; Loyd v. M. W. A., 113- Mo. 19; Gallop v. Royal Neighbors, 167 Mo.
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Appeal from Livingston Circuit Court. — Hon. A. B. Davis, Judge. (1) The Tby-laws, as well as all other sections and provisions thereof, including the terms of the application, were a part of the benefit certificate issued to Thompson, and a part of the contract between him and appellant. Richmond v. Snp. Lodge, 100 Mo. App. 19; Laker v. Royal Fraternal Union, 95 Mo. App. 353; Loyd v. M. W. A., 113- Mo. 19; Gallop v. Royal Neighbors, 167 Mo. App, 85. (2) Thompson was conclusively presumed to know the provisions of these by-laws. Curtain v. Grand Lodge, 65 Mo. App. 297; Boyce v. Royal Circle,…
1Opinion of the CourtTrimble, J.
This action rests upon a fraternal benefit certificate issued by appellant on March 12, 1906, to respondent’s husband, John W. Thompson, who was then in the coal and feed business at Excelsior Springs. He died at Chillicothe, Missouri, April 13, 1913.
The by-laws under which the cetrificate was issued, and by which it was governed provided that all insurance became, ipso facto, null and void if the holder of the certificate engaged in the sale of intoxicating liquor as the proprietor of a saloon.
Thompson, at the time of his death, was a saloon keeper in Chillicothe. Appellant refused to pay…
2Cases cited14 opinions
- Modern Woodmen v. TevisCourt of Appeals for the Eighth Circuit · 1902
- Myers v. Maryland Casualty Co.Missouri Court of Appeals · 1907
- Jenkins v. Covenant Mutual Life InsuranceMissouri Court of Appeals · 1903
- Bell v. Missouri State Life InsuranceMissouri Court of Appeals · 1912
- Francis v. Supreme Lodge Ancient Order of United WorkmenMissouri Court of Appeals · 1910
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Davis v. National Council of the Knights & Ladies of SecurityMissouri Court of Appeals · 1917
- Sovereign Camp of Woodmen of the World v. MillerCourt of Appeals of Texas · 1920
- Jegglin v. W.O.W.Missouri Court of Appeals · 1919
- State Ex Rel. National Council of Knights & Ladies of Security v. AllenSupreme Court of Missouri · 1925
- Hereford v. Mystic Workers of the WorldMissouri Court of Appeals · 1918
5 more not listed; retrieve them via the Exa API.