Legal Opinion

Schmidt v. Supreme Court United Order of Foresters

Missouri Court of Appeals

Decided June 8, 1915Published

Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. (1) Tbe insured agreed that tlie laws of the order in force at the time of his death should determine the rights of the beneficiaries and the obligations between the order and its members and that his rights should be limited by the laws then in force or which might afterwards be adopted. Such an agreement is valid, and an after-adopted suicide law is binding.

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Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. (1) Tbe insured agreed that tlie laws of the order in force at the time of his death should determine the rights of the beneficiaries and the obligations between the order and its members and that his rights should be limited by the laws then in force or which might afterwards be adopted. Such an agreement is valid, and an after-adopted suicide law is binding. Westerman v. K. P., 196 Mo. 740; Lewine v. K. P., 122 Mo. App. 557; Pearson v. Indemnity Co., 114 Mo. App. 290'; Richmond v. Supreme Lodge, 100' Mo. App. 8;…

1Opinion of the CourtAllen, J.

This is an action to recover the proceeds of a certificate of insurance, to-wit, $1000, and interest thereupon, issued to one Fosz, a citizen of this State, on December 1,1911, by the defendant, chartered by the State of Wisconsin as a fraternal beneficiary association. The insured died by suicide on the 15th day of May, 1903.

At the time of the issuance of the certificate here sued upon defendant had not complied with the laws of this State as a fraternal association; but on January 6, 1902, it did comply with such laws, and thereafter, and until the death of the insured, was licensed to do…

2Cases cited5 opinions

  1. Schmidt v. Supreme Court United Order of ForestersSupreme Court of Missouri · 1910
  2. Huff v. Sovereign Campwoodmen of the WorldMissouri Court of Appeals · 1900
  3. Ordelheide v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1911
  4. Schmidt v. United Order of ForestersMissouri Court of Appeals · 1907
  5. Schmidt v. Supreme CourtSupreme Court of Missouri · 1914

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