Wilcox v. Sovereign Camp Woodmen of the World
Missouri Court of Appeals
Appeal from the Andrew Circuit Court. — Hon. W. S. Herndon, Judge. (1) There is no question of waiver in this case. There are no existing facts upon which the doctrine of waiver can rest. “If the contract provides that the policy shall not be in force until it is delivered to the applicant, the contract of insurance will not become binding upon the company until delivered.” Bacon Benefit Societies and Life Insurance, sec, 272; Kohen v. Mutual Beserve Fund Life Ass’n, 28 Fed.
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Appeal from the Andrew Circuit Court. — Hon. W. S. Herndon, Judge. (1) There is no question of waiver in this case. There are no existing facts upon which the doctrine of waiver can rest. “If the contract provides that the policy shall not be in force until it is delivered to the applicant, the contract of insurance will not become binding upon the company until delivered.” Bacon Benefit Societies and Life Insurance, sec, 272; Kohen v. Mutual Beserve Fund Life Ass’n, 28 Fed. Bep. 795, and Misselhorn v. Mutual Beserve Fund Life Ass’n, 30 Fed. Bep. 545. (1) The foundation of the action being a…
1Opinion of the CourtSmith, P. J.
statement: This is an action brought by the plaintiffs against the defendant — a corporation organized under the laws of the state of Nebraska, and doing business in this state — to recover upon a beneficiary certificate issued by the latter to the deceased son of the former, Frederick Wilcox, who was a charter member of Grant Cam|), No. 124, located at Amozonia in this state.
*575Said Wilcox participated in the organization of the camp, having been elected a member with the 'other charter members. Applications for beneficiary certificates were prepared and forwarded by him and the other members…
2Cases cited2 opinions
- Kelly v. ThueySupreme Court of Missouri · 1898
- Pledger v. Sovereign Camp Woodmen of the WorldCourt of Appeals of Texas · 1897
3Cited by11 opinions
- Modern Woodmen of America v. OwensCourt of Appeals of Texas · 1910
- McLendon v. Woodmen of the WorldTennessee Supreme Court · 1901
- Muller v. Mutual Benefit Health & Accident Ass'nMissouri Court of Appeals · 1934
- Sterling v. Head Camp, Pacific Jurisdiction, Woodmen of the WorldUtah Supreme Court · 1905
- Thurmond v. Sovereign Camp Woodmen of WorldSupreme Court of Georgia · 1930
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