Evans v. Modern Woodmen of America
Missouri Court of Appeals
Appeal from St. Francois Circuit Court. — H.on. Chas. A. Killian, Judge. (1) The contract herein sued on is a contract between the member and the society and includes the application, the certificate and the constitution and bylaws of the defendant. 3 Am. and Eng. Ency., of Law, Yol.
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Appeal from St. Francois Circuit Court. — H.on. Chas. A. Killian, Judge. (1) The contract herein sued on is a contract between the member and the society and includes the application, the certificate and the constitution and bylaws of the defendant. 3 Am. and Eng. Ency., of Law, Yol. Ill, (2 Ed.), p. 108, and cases cited therein; Bacon on Benefit Societies, secs. 37, 91,116; Niblack on Benefit Societies, sec. 136. (2) A warranty is a stipulation inserted in writing on the face of the policy, on the literal truth or fulfillment of which the validity of the entire contract depends. The…
1Opinion of the CourtReynolds, P. J.
(after gtating the factg).— Cases involving the liability of companieg organized to carry , on buginegg on what ig called benefit or benevolent ingurance, have been go frequently before the appellate courtg of the country, that it ig unneceggary to get out with great particularity the regtrictiong and Iimita-tiong thrown around their memberg by the congtitution, by-lawg and certificates of membership issued by them. With the idea that these organizations were benevolent, charitable and non-profit sharing, our lawmakers have been exceedingly liberal toward them, and have exempted them from…
2Cases cited10 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Insurance Co. v. NewtonSupreme Court of the United States · 1875
- Leman v. Manhattan Life InsuranceSupreme Court of Louisiana · 1894
- Connecticut Mutual Life Insurance v. SchwenkSupreme Court of the United States · 1877
- Lavin v. Grand Lodge of the Ancient Order of United WorkmenMissouri Court of Appeals · 1904
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3Cited by3 opinions
- Johnson v. ThompsonMissouri Court of Appeals · 1950
- Bamberge v. Supreme Tribe of Ben HurMissouri Court of Appeals · 1911
- Deadwyler v. Grand Lodge K. of P.Supreme Court of South Carolina · 1925