Schmidt v. Supreme Court United Order of Foresters
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Now. O’Neill Tty an, Judge. (1) The insurance contract of a fraternal society which has not qualified under section 1410, R. S. 1899:, is governed by the insurance laws of our State.
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Appeal from St. Louis City Circuit Court. — Now. O’Neill Tty an, Judge. (1) The insurance contract of a fraternal society which has not qualified under section 1410, R. S. 1899:, is governed by the insurance laws of our State. Provisions in such insurance contracts which deny liability in case of suicide of the insured' are void under section 7896, unless suicide was contemplated at application (which is out of this case). Provisions avoiding the insurance on account of false representations are also void under section 7890, unless they contribute to the loss (which is also out of this case).…
1Opinion of the CourtGraves, J.
This case has been certified to this court by the St. Louis Court of Appeals. The reason for so certifying the case is that said court was of opinion that the views which it had expressed conflicted with those of the Kansas City Court of Appeals in the case of Huff v. Woodmen, 85 Mo. App. 96.
A short statement of the facts will suffice. Plaintiffs are the half brothers and sisters of ’one Charles Henry Fosz. The defendant is an alleged fraternal beneficiary association, chartered by the State of Wisconsin. On December 1, 1901, the defendant issued to the said Fosz one of its certificates of…
2Cases cited27 opinions
- Ewell v. DaggsSupreme Court of the United States · 1883
- Equitable Life Assurance Society v. ClementsSupreme Court of the United States · 1891
- Knights Templars' & Masons' Life Indemnity Co. v. JarmanSupreme Court of the United States · 1902
- Cravens v. New York Life InsuranceSupreme Court of Missouri · 1899
- Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
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3Cited by23 opinions
- Mathews v. Modern Woodmen of AmericaSupreme Court of Missouri · 1911
- Sovereign Camp of the Woodmen of the World v. BolinSupreme Court of the United States · 1938
- Herrell v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1929
- Dessauer v. Supreme Tent, Knights of the Maccabees of the WorldSupreme Court of Missouri · 1919
- Crohn v. Order of United Commercial Travelers of AmericaMissouri Court of Appeals · 1913
18 more not listed; retrieve them via the Exa API.