Ellerbe v. Faust
Supreme Court of Missouri
Appeal from St. Lo%ás City Circuit Court. — Hon. Jacob Klein, Judge. (1) The United Masonic Benefit Association was a mutual insurance company. R. S. 1889, sec. 5860; State ex rel. v. Ben. Soc., 72 Mo..147; Bacon on Benefit Societies, p. 175. (2) Premiums due such companies are recoverable. Clarh v. Middleton, 19 Mo. 53; Insurance Co. v. Geraldin, 31 Mo. 30. (3) Neither insolvency nor cancellation of policy prevents recovery for losses suffered during life of policy.
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Appeal from St. Lo%ás City Circuit Court. — Hon. Jacob Klein, Judge. (1) The United Masonic Benefit Association was a mutual insurance company. R. S. 1889, sec. 5860; State ex rel. v. Ben. Soc., 72 Mo..147; Bacon on Benefit Societies, p. 175. (2) Premiums due such companies are recoverable. Clarh v. Middleton, 19 Mo. 53; Insurance Co. v. Geraldin, 31 Mo. 30. (3) Neither insolvency nor cancellation of policy prevents recovery for losses suffered during life of policy. Receiver v. Hite, 94 Pa. St. 394; Vanata v. Ins. Co., 31 N. J. Eq. 15; Commonwealth v. Ins. Co.,, 112 Mass. 116; Life Ass’n v.…
1Opinion of the Court
Mabtin (Special Judge).
The facts in this case are substantially like the facts in the case of Ellerbe v. Barney, with one exception. That exception includes some facts which tended to show that the respondent was not a member of the masonic mutual benefit association at the date of the assessments, for the collection of which this suit was brought. The court below held that he was not a member at that date, and entered judgment in his favor, from which the superintendent of insurance has appealed.
A clause in the constitution or charter of the association, as it existed in 1883, when the…
2Cited by15 opinions
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