Grand Lodge of Ancient Order of United Workmen v. Sater
Missouri Court of Appeals
Appeal from, the St. Louis City Circuit Court. — Hon. Lerot B. Valliant, Judge. (1) The grand lodge having confessed its liability, and paid the fund into court, the sole question is, what did Dr. Sater, viewed in the attitude of a testator, intend; and this is to be determined from a consideration of the application, the laws of the order, certificate, and status of the two sets of children, and other surrounding facts. Snyder v. Ins. Co., 33 Mo. App. 64; Am. Ass’nv.
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Appeal from, the St. Louis City Circuit Court. — Hon. Lerot B. Valliant, Judge. (1) The grand lodge having confessed its liability, and paid the fund into court, the sole question is, what did Dr. Sater, viewed in the attitude of a testator, intend; and this is to be determined from a consideration of the application, the laws of the order, certificate, and status of the two sets of children, and other surrounding facts. Snyder v. Ins. Co., 33 Mo. App. 64; Am. Ass’nv. Kir gin, 28 Mo. App. 30 ; Bacon on Ben. Soc., sec. 255. (2) The application and certificate are to be read and construed…
1Opinion of the CourtBiggs, J.
The plaintiff is organized under the laws of the state of Missouri as a charitable and benevolent corporation. In addition to the social and charitable advantages offered by the order, an insurance feature is added. The constitution and by-laws provide that each member, who has received the M. W. degree, and passed a satisfactory medical examination, shall be entitled to receive a certificate of insurance, in which the corporation agrees to pay the beneficiary therein named or designated the sum of $2,000 at the death of the assured, provided the latter has complied in all particulars with…
2Cases cited6 opinions
- Tesson v. Atlantic Mutual InsuranceSupreme Court of Missouri · 1867
- Monitor Mutual Fire Insurance v. BuffumMassachusetts Supreme Judicial Court · 1874
- Thomas v. LeakeTexas Supreme Court · 1887
- Hysinger v. Supreme Lodge, Knights & Ladies of HonorMissouri Court of Appeals · 1890
- Gwin v. WaggonerSupreme Court of Missouri · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Federal Life Insurance v. KerrIndiana Supreme Court · 1909
- Starling v. Supreme Council Royal Templars of TemperanceMichigan Supreme Court · 1896
- Knights Templars' & Masons' Life Indemnity Co. v. JarmanCourt of Appeals for the Eighth Circuit · 1900
- Gaut v. American Legion of HonorTennessee Supreme Court · 1901
- Lewine ex rel. Wolford v. Supreme Lodge, Knights of Pythias of the WorldMissouri Court of Appeals · 1907
5 more not listed; retrieve them via the Exa API.