McFarland v. Creath
Missouri Court of Appeals
Appeal from, the Wayne Circuit Court. — Hon. John Gr. Weak, Judge. The appellant’s motion for judgment ought to have been sustained. Creath, in failing to reply to his co-defendant’s cross-bill, accepted it as true. The admissions of the two answers left no triable issue.
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Appeal from, the Wayne Circuit Court. — Hon. John Gr. Weak, Judge. The appellant’s motion for judgment ought to have been sustained. Creath, in failing to reply to his co-defendant’s cross-bill, accepted it as true. The admissions of the two answers left no triable issue. The constitution and by-laws of the defendant association filed as exhibit “A” with plaintiff’s petition, being admitted by defendants as true, fixed the beneficiary absolutely, there being none named in the certificate of membership, or the one named being an impossible one at the date of payment. Bacon on Benefit Socities…
1Opinion of the CourtRombatxeb, P. J.
The plaintiff moves for. a rehearing on the ground that the judgment is opposed to Coleman v. Knights of Honor, 18 Mo. App. 189, and Hammerstein v. Parsons, 29 Mo. App. 509, and on the further ground that the opinion ignores the fact that the gist of his action is to obtain relief against the effects of the alleged fraudulent conspiracy between Creath and the officers of the benefit association.
*126Tlie first point rests on the misconception of the points decided in the cases cited, which are to the effect that the rules of the association form a contract between the parties on the terms of which…
2Cases cited7 opinions
- Merry v. FremonSupreme Court of Missouri · 1869
- Coleman v. Supreme Lodge, Knights of HonorMissouri Court of Appeals · 1885
- George v. WilliamsonSupreme Court of Missouri · 1858
- Zoll v. SoperSupreme Court of Missouri · 1882
- McLaughlin v. McLaughlin's AdministratorSupreme Court of Missouri · 1852
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