Ables v. Ackley
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. E. E. Porterfield, Judge. (1) The decision of this court in Abies v. Ackley, 103 S. W. 974, was res adjudicaba. The evidence, pleadings and issues were the same. Hinzman v. Railroad, 199 Mo. 56; Winter v. Lodge, 101 Mr. App. 550; State ex rel. v. O’Neal, 170 Mo. 7; K. O. Ex.
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Appeal from Jackson Circuit Court. — Hon. E. E. Porterfield, Judge. (1) The decision of this court in Abies v. Ackley, 103 S. W. 974, was res adjudicaba. The evidence, pleadings and issues were the same. Hinzman v. Railroad, 199 Mo. 56; Winter v. Lodge, 101 Mr. App. 550; State ex rel. v. O’Neal, 170 Mo. 7; K. O. Ex. Park v. K. C., .174 Mo. 425; Garretson v. Insurance Co., 60 N. W. 541. (2) A beneficiary named in a fraternal beneficial certificate has only an expectancy which may be divested by the assured at any time; nor has such a beneficiary any vested interest in such certificate. Bacon…
1Opinion of the CourtBroaddus, P. J.
This is a case of interplea. The admitted facts are that: On the 4th day of June, 1896, the Modern Woodmen of America issued to Alexander Abies a benefit certificate providing for the pay*599ment at Ms death of the sum of two thousand dollars to the defendant, his daughter, then Ila Fern Abies, now Ackley. On December 24, 1901, the insured married the plaintiff, Jennie Abies. In January, 1904, Alexander Abies died and in a short time thereafter plaintiff brought suit against the society and defendant. After a demurrer had been sustained to the petition, plaintiff filed an amended petition, after…
2Cases cited8 opinions
- Masonic Benevolent Ass'n v. BunchSupreme Court of Missouri · 1891
- Grand Lodge Ancient Order of United Workmen v. McFaddenSupreme Court of Missouri · 1908
- Gwin v. WaggonerSupreme Court of Missouri · 1893
- St. Louis Police Relief Ass'n v. StrodeMissouri Court of Appeals · 1903
- Head v. Supreme Council of Catholic Knights of AmericaMissouri Court of Appeals · 1895
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3Cited by7 opinions
- Spickard v. Fire Ass'nMissouri Court of Appeals · 1912
- Forester v. BellvilleMissouri Court of Appeals · 1974
- Murphy v. United StatesDistrict Court, D. Massachusetts · 1934
- Henderson v. Modern Woodmen of AmericaMissouri Court of Appeals · 1912
- Ryan v. Woman's Benefit Ass'n of the MacCabeesMissouri Court of Appeals · 1921
2 more not listed; retrieve them via the Exa API.