Huff v. Sovereign Campwoodmen of the World
Missouri Court of Appeals
Appeal from the Vernon Circuit Court. — Eon. E. O. • Timmonds, Judge. (1) An examination of the several legislative enactments of the state of Missouri relative to fraternal beneficiary associations does not warrant the conclusion that beneficiary certificates, lawfully issued to their several members by such organizations, are “policies of insurance” within the the meaning of section 5855. (2) That the ruling in ease of Toomey v. Supreme Lodge, 74 Mo.
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Appeal from the Vernon Circuit Court. — Eon. E. O. • Timmonds, Judge. (1) An examination of the several legislative enactments of the state of Missouri relative to fraternal beneficiary associations does not warrant the conclusion that beneficiary certificates, lawfully issued to their several members by such organizations, are “policies of insurance” within the the meaning of section 5855. (2) That the ruling in ease of Toomey v. Supreme Lodge, 74 Mo. App. 507, is fairly overruled by the Supreme Court of Missouri in the same case, 147 Mo. 129. (3) That by the act of 1897, “An Act defining…
1Opinion of the CourtEllison, J.
— The defendant society is a fraternal order, incorporated under the laws of the state of Nebraska. In July, 1895, plaintiff’s husband became a member thereof and there was issued to him a benefit certificate of insurance for $2,000 payable to plaintiff on his death. He died in October, 1898, and demand was made on defendant, after due proof of death, to make an assessment for the payment of the certificate. Defendant refused and plaintiff brought this action stating these facts.
Defendant’s answer set up its being a Nebraska corporation and that it was authorized to do business in the state…
2Cases cited5 opinions
- Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
- Toomey v. Supreme Lodge Knights of PythiasSupreme Court of Missouri · 1898
- Reed v. SwanSupreme Court of Missouri · 1896
- Fisher v. PattonSupreme Court of Missouri · 1896
- Toomey v. Supreme Lodge Knights of Pythias of the WorldMissouri Court of Appeals · 1898
3Cited by7 opinions
- Schmidt v. Supreme Court United Order of ForestersSupreme Court of Missouri · 1910
- Schmidt v. United Order of ForestersMissouri Court of Appeals · 1907
- Schmidt v. Supreme CourtSupreme Court of Missouri · 1914
- Grimme v. GrimmeAppellate Court of Illinois · 1902
- Constable v. Supreme Tent of the MacCabees of the WorldMissouri Court of Appeals · 1926
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