Burchard v. Western Commercial Travelers Ass'n
Missouri Court of Appeals
Appeal from Pulaski Circuit Court. — Hon. L. iB. Woodside, Judge. (T) The assessment was valid. The constitution fixed the amount and date of the assessments, and the persons on whom it should be ordered. The directors had no discretion. The duty to order an assessment was purely ministerial and mechanical and could be delegated to the secretary. Insurance Co. v. Birnbaum, 116 Pa. St. 565; Benefit Assn. v. Robinson, 147 111. 138, 35 N. E. 168; Van Frank v. U. S. Ben.
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Appeal from Pulaski Circuit Court. — Hon. L. iB. Woodside, Judge. (T) The assessment was valid. The constitution fixed the amount and date of the assessments, and the persons on whom it should be ordered. The directors had no discretion. The duty to order an assessment was purely ministerial and mechanical and could be delegated to the secretary. Insurance Co. v. Birnbaum, 116 Pa. St. 565; Benefit Assn. v. Robinson, 147 111. 138, 35 N. E. 168; Van Frank v. U. S. Ben. Assn., 158 111. 560 ; Miles v. Mutual Reserve Fund Life Assn., 108 Wis. 421, 84 N. W. 159; Insurance Co. v. Sanders, 36 N. H.…
1Opinion of the Court
GRAY, J. —
On the 15th day of July, 1878, the appellant was incorporated under the laws of the State of Missouri, as a mutual benefit association, for the following purposes: “To obtain as its active and honorary members a large number of white male persons, (a) of good moral character, (b) of good health, (c) who are not under twenty-one nor over forty-five years of age, (d) who are traveling salesmen, (e) salesmen (or clerks in wholesale or manufacturing houses) or (f) buyers or salesmen for proprietors, copartners or corporations engaged in a legitimate mercantile manufacturing or…
2Cases cited33 opinions
- Mulroy v. Supreme Lodge of the Knights of HonorMissouri Court of Appeals · 1888
- Borgraefe v. Supreme Lodge, Knights & Ladies of HonorMissouri Court of Appeals · 1886
- Miles v. Mutual Reserve Fund Life Ass'nWisconsin Supreme Court · 1901
- Northwestern Traveling Men's Ass'n v. SchaussIllinois Supreme Court · 1893
- Sparks v. Jasper CountySupreme Court of Missouri · 1908
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3Cited by7 opinions
- Carson v. Cook County Liquor Co.Supreme Court of Oklahoma · 1913
- Mutual Aid Union v. PerdueSupreme Court of Arkansas · 1924
- Jackson v. United Benefit L. Ins. Co.Wyoming Supreme Court · 1939
- Watkins v. Brotherhood of American YeomenMissouri Court of Appeals · 1915
- Crawford v. North American UnionMissouri Court of Appeals · 1916
2 more not listed; retrieve them via the Exa API.