Legal Opinion

Cauveren v. Ancient Order of Pyramids

Missouri Court of Appeals

Decided February 16, 1903PublishedCited by 4 opinions

Appeal from Jackson Circuit Court . — Hon. James Gibson; Judge. (1) The court erred in refusing tó instruct the jury peremptorily to find for appellant for the reason that by the evidence Morris Cauveren was in suspension at the time of his death and his certificate was null and void. Red Men v. Schmidt, 57 Md. 98; Knights Golden Rule v. Ainsworth, 71 Ala. 436; Toran v. Ben. Association, 4 Pa. St. 519; Ben. Society v. McVey, 92 Pa.

Read the full summary

Appeal from Jackson Circuit Court . — Hon. James Gibson; Judge. (1) The court erred in refusing tó instruct the jury peremptorily to find for appellant for the reason that by the evidence Morris Cauveren was in suspension at the time of his death and his certificate was null and void. Red Men v. Schmidt, 57 Md. 98; Knights Golden Rule v. Ainsworth, 71 Ala. 436; Toran v. Ben. Association, 4 Pa. St. 519; Ben. Society v. McVey, 92 Pa. St. 510; Ballon v. Gile, 50 Wis. 614; Karcher v. Sup. Lodge, Mass., 19 C. L. J. 152; Sup. Lodge v. Grace, 60 Texas 569; Coleman v. K. of Honor, 18 Mo. App. 189;…

1Opinion of the CourtEllison, J.

The plaintiff sued defendant on what she terms a life insurance policy containing a contract of insurance as old-line or regular life insurance. The defendant claims the insurance was a beneficiary certificate issued by a fraternal benevolent society. The judgment in the trial court was for plaintiff.

The defendant claims that being a benevolent association and not liable to the law applicable to regular life insurance companies, the plaintiff can not recover for the reason that the deceased died while suspended for non-payment of dues; and that there were no proofs of death. The plaintiff…

2Cases cited1 opinion

  1. McMahon v. Supreme Tent Knights of the Maccabees of the WorldSupreme Court of Missouri · 1899

3Cited by4 opinions

  1. Hays v. General Assembly American Benevolent Ass'nMissouri Court of Appeals · 1907
  2. Cline v. Sovereign Camp, Woodmen of the WorldMissouri Court of Appeals · 1905
  3. Walker v. Knights of MaccabeesMissouri Court of Appeals · 1914
  4. Warner v. Modern Woodmen of AmericaMissouri Court of Appeals · 1906

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API