Kern v. Supreme Council, American Legion of Honor
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Jas. H. Withrow, Judge. (1) The statements of assured in his application and examination being by contract made warranties, if untrue in any respect, no recovery can be had on the policy. 1 Beach on Ins. sec. 456; 1 Bacon Ben. Soc. (2 Ed.), sec. 197; Whitmore v. Sup. Lodge, 100 Mo. 47; Hanford v. Mass. Ben. Ass’n, 122 Mo. 50; Oobb v. Cov. Mut. Ben. Ass’n, 153 Mass. 176; Jeffries v. Ins. Co., 22 Wall. 47; Ins.
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Appeal from St. Louis City Circuit Court. — Hon. Jas. H. Withrow, Judge. (1) The statements of assured in his application and examination being by contract made warranties, if untrue in any respect, no recovery can be had on the policy. 1 Beach on Ins. sec. 456; 1 Bacon Ben. Soc. (2 Ed.), sec. 197; Whitmore v. Sup. Lodge, 100 Mo. 47; Hanford v. Mass. Ben. Ass’n, 122 Mo. 50; Oobb v. Cov. Mut. Ben. Ass’n, 153 Mass. 176; Jeffries v. Ins. Co., 22 Wall. 47; Ins. Co. v. France, 91 H. S. 510. The statements and representations being warranties, their breach vitiated the certificate sued on;…
1Opinion of the CourtMarshall, J.
This is an action on a benefit certificate for one thousand dollars, issued by the defendant, on October 4, 1895, to Katherine Kern, loss payable to her husband, the plaintiff. She died December 21, 1895. The plaintiff recovered in the circuit court and defendant appealed.
The defendant is a fraternal beneficial association organized under the laws of Massachusetts, having its principal office and its chief officers in Boston. It has lodges in various cities, among them Garratt Council No. 1071, located in St. Louis, of which the deceased became a member on October 4, 1895. She paid her dues…
2Cases cited7 opinions
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