Galvin v. Knights of Father Mathew
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Jos. A.. Guthrie, Judge. (1) (a) It was not within the power of the local council, its recorder or any other officer of the organization to waive or dispense with any of the requirements of the appellant’s order which related to the very substance of the contract, Lavin v. Grand Lodge, 104 Mo. App. 18; Boyce v. Royal Circle, 99 Mo. App. 355; Borgraefe v. Knights of-Honor, 22 Mo. App. 141; Harvey v. Grand Lodge, 50 Mo.
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Appeal from Jackson Circuit Court. — Hon. Jos. A.. Guthrie, Judge. (1) (a) It was not within the power of the local council, its recorder or any other officer of the organization to waive or dispense with any of the requirements of the appellant’s order which related to the very substance of the contract, Lavin v. Grand Lodge, 104 Mo. App. 18; Boyce v. Royal Circle, 99 Mo. App. 355; Borgraefe v. Knights of-Honor, 22 Mo. App. 141; Harvey v. Grand Lodge, 50 Mo. App. 477; McCoy v. Insurance Company, 152 Mass. 272; Knights of Honor v. Oeters, 95 Va. 615. (b) The testimony was insufficient to…
1Opinion of the CourtJohnson, J.
This is an action on a death benefit certificate issued by a fraternal beneficiary society incorporated under the laws of this State. The allegations of the petition relating to the character of the contract of insurance end with the statement that defendant is a life insurance company and that on February 26, 1903, it issued to James J. Galvin a policy or certificate of insurance “by which it promised to pay Kate Galvin, plaintiff herein, the sum of $1000 upon the death of the said James J. Galvin.” The .answer alleges, in substance, that defendant is a fraternal beneficiary society, that it…
2Cases cited12 opinions
- Borgraefe v. Supreme Lodge, Knights & Ladies of HonorMissouri Court of Appeals · 1886
- Coughlin v. HaeusslerSupreme Court of Missouri · 1872
- McCoy v. Roman Catholic Mutual InsuranceMassachusetts Supreme Judicial Court · 1890
- Harvey v. Grand Lodge of Ancient Order of United WorkmenMissouri Court of Appeals · 1892
- Lavin v. Grand Lodge of the Ancient Order of United WorkmenMissouri Court of Appeals · 1904
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3Cited by7 opinions
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- Brunk v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1918
- Daffron v. Modern Woodmen of AmericaMissouri Court of Appeals · 1915
- O'Neal v. Grand Lodge of the Brotherhood of Railroad TrainmenMissouri Court of Appeals · 1924
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