Legal Opinion

Purdy v. Bankers' Life Ass'n

Missouri Court of Appeals

Decided April 28, 1903PublishedCited by 14 opinions

Appeal from Lawrence Circuit Court . — Hon. II. C. Pepper, Judge. STATEMENT. The appellant insurance company is a corporation organized under the laws of the State of Iowa, and does an assessment insurance business in this State. On October 27,1894, it issued a certificate of insurance for $2,000 on the iife of G-eorge A. Purdy, of Pierce City, Missouri, payable to his daughter, Louisa Purdy.

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Appeal from Lawrence Circuit Court . — Hon. II. C. Pepper, Judge. STATEMENT. The appellant insurance company is a corporation organized under the laws of the State of Iowa, and does an assessment insurance business in this State. On October 27,1894, it issued a certificate of insurance for $2,000 on the iife of G-eorge A. Purdy, of Pierce City, Missouri, payable to his daughter, Louisa Purdy. Purdy died the first day of June, 1900; proofs of his-death were made and furnished the company, which refused to pay the insurance money and this action was brought to compel payment. The reason stated…

1Opinion of the CourtGoode, J.

The by-laws of a corporation duly enacted and containing no provisions contrary to the charter or the laws of the land are binding on its members and presumed to be known to them. Hill v. Rich Hill Coal Co., 119 Mo. 9; Carr v. St. Louis, 9 Mo. 190; Palmyra v. Morton, 25 Mo. 593; McLellan v. School Board, 15 Mo. App. 362; 1 Thompson, Corporations, 594. Therefore, if the defendant’s by-laws regarding the forfeiture of certificates of membership because of the intemperance of the insured are valid, they operated on the certificate in controversy, although the deceased never actually knew of or…

2Cases cited32 opinions

  1. City of St. Louis v. WeberSupreme Court of Missouri · 1869
  2. Stewart v. City of ClintonSupreme Court of Missouri · 1883
  3. Austin v. . SearingNew York Court of Appeals · 1857
  4. In re the election of Directors of the Long Island RailroadNew York Supreme Court · 1837
  5. Hill v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1893

27 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Lavin v. Grand Lodge of the Ancient Order of United WorkmenMissouri Court of Appeals · 1905
  2. Wayland v. Western Life Indemnity Co.Missouri Court of Appeals · 1912
  3. Cobble v. Royal Neighbors of AmericaSupreme Court of Missouri · 1921
  4. Hay v. Bankers Life Co.Missouri Court of Appeals · 1921
  5. Everett v. Patrons & Farmers Mutual Fire InsuranceMissouri Court of Appeals · 1928

9 more not listed; retrieve them via the Exa API.

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