Expressmen's Aid Society v. Lewis
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Thayer, J. The contract under consideration is one of life insurance.— The Commonwealth v. Wealherbee, 105 Mass. 149 ; Henning v. Insurance Co., 47 Mo. 426 ,- Kelsoll v. Tyler, llExch. 513 ;.Schenck’s Case, 44 Wis. 372 ; Commercial League v. The People, 90 111. 166 ; The State ex rel. v. Citizens’ Benefit Assn., 6 Mo.
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Appeal from the St. Louis Circuit Court, Thayer, J. The contract under consideration is one of life insurance.— The Commonwealth v. Wealherbee, 105 Mass. 149 ; Henning v. Insurance Co., 47 Mo. 426 ,- Kelsoll v. Tyler, llExch. 513 ;.Schenck’s Case, 44 Wis. 372 ; Commercial League v. The People, 90 111. 166 ; The State ex rel. v. Citizens’ Benefit Assn., 6 Mo. App. 163. In such a case, the policy vests in the beneficiary named ; and upon the death of the insured, though subsequent to that of the beneficiary, the latter’s administrator takes the fund. — Phoenix Ins. Co. v. Dunham, 46 Conn. 79;…
1Opinion of the CourtBakewell, J.
This is a bill of interpleader filed by a benefit society to determine which of two claimants is entitled to a fund payable by the society on the death of a member. The claimants are the administrator of the deceased member and the administrator of his deceased wife. The case was tried upon an agreed statement of facts, and the finding of the trial court was in favor of the representatives of the deceased member and against the claim of the representatives of his wife.
The Expressmen’s Aid Society is a voluntary association. Its objects are declared in its constitution to be'“ the accumulation…
2Cases cited1 opinion
- Gambs v. Covenant Mutual Life InsuranceSupreme Court of Missouri · 1872
3Cited by7 opinions
- Hellenberg v. District Number One of the Independent Order of BerithNew York Court of Appeals · 1884
- Masonic Mutual Benefit Society v. BurkhartIndiana Supreme Court · 1887
- Presbyterian Mutual Assurance Fund v. AllenIndiana Supreme Court · 1886
- Coleman v. Supreme Lodge, Knights of HonorMissouri Court of Appeals · 1885
- Order of Railway Conductors v. KosterMissouri Court of Appeals · 1893
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