De Runtz v. St. Louis Police Relief Ass'n
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. George C. Hitchcock, Judge. It is an elemental rule of law in this State that in every petition on a benefit certificate, or in an action which rests on the by-laws of the association, there must he an allegation that the member in his lifetime complied with all the conditions of the contract, and if in any respect the deceased did not comply with the requirements of the by-laws and conditions of the contract, that is a fact…
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Appeal from St. Louis City Circuit Court. — Hon. George C. Hitchcock, Judge. It is an elemental rule of law in this State that in every petition on a benefit certificate, or in an action which rests on the by-laws of the association, there must he an allegation that the member in his lifetime complied with all the conditions of the contract, and if in any respect the deceased did not comply with the requirements of the by-laws and conditions of the contract, that is a fact peculiarly within the knowledge of the defendant and must be averred and proved by such, defendant; Frame v.' Sovereign…
1Opinion of the CourtReynolds, P. J.
Action to recover $2000 claimed to be dne plaintiff as widow and designated beneficiary of one George DeRuntz. We accept the summary of the amended petition and of'the motions aimed at it, substantially as made by counsel for plaintiff, appellant here, with a few changes of our own, here placed in parentheses:
“1st. That the defendant is a corporation organized under article XY, chapter 12, of the Revised Statutes of Missouri of 1899, and that among its objects and purposes is a provision in the by-laws to the effect that whenever any member of the police force of the city of St. Louis should…
2Cases cited10 opinions
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- State ex rel. Heaven v. ZiegenheinSupreme Court of Missouri · 1898
- St. Louis Police Relief Ass'n v. StrodeMissouri Court of Appeals · 1903
- Wilcox v. Sovereign Camp Woodmen of the WorldMissouri Court of Appeals · 1898
- Catron v. LaFayette CountySupreme Court of Missouri · 1891
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3Cited by2 opinions
- State Ex Rel. National Council of Knights & Ladies of Security v. AllenSupreme Court of Missouri · 1925
- Cochrane v. First State BankMissouri Court of Appeals · 1918