Castens v. Supreme Lodge Knights & Ladies of Honor
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The admitted testimony shows that under the by-laws of the defendant order, the occupation of a.bartender was prohibited to those insured and that in engaging therein after he became a member without giving notice and paying increased assessments, all rights of recovery on the benefit certificate were forfeited, without the insured being charged or expelled from the order, while the testimony of…
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Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The admitted testimony shows that under the by-laws of the defendant order, the occupation of a.bartender was prohibited to those insured and that in engaging therein after he became a member without giving notice and paying increased assessments, all rights of recovery on the benefit certificate were forfeited, without the insured being charged or expelled from the order, while the testimony of both plaintiff and defendant shows that the deceased had entered into that prohibited occupation without giving notice or…
1Opinion of the Court
NORTONI, J.- —
This is a suit on a certificate of life insurance. Plaintiff recovered and defendant prosecutes the appeal.
Defendant is a fraternal benefit society, and plaintiff is the beneficiary designated in the certificate sued upon. In September, 1905, plaintiff’s son, Albert H. Castens, affiliated with defendant order, and the certificate of insurance, in an amount not exceeding $1000, here sued upon, was issued to him in favor of his father, plaintiff. Among other things, the contract of insurance provides that if the insured shall, within five years after becoming a member of the…
2Cases cited7 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Coscarella v. Metropolitan Life InsuranceMissouri Court of Appeals · 1913
- Frazier v. Metropolitan Life InsuranceMissouri Court of Appeals · 1911
- Queatham v. Modern Woodmen of AmericaMissouri Court of Appeals · 1910
- Almond v. Modern Woodmen of AmericaMissouri Court of Appeals · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Ellegood v. Brashear Freight Lines, Inc.Missouri Court of Appeals · 1942
- Stephens v. Metropolitan Life InsuranceMissouri Court of Appeals · 1915
- Thomas v. Modern Woodmen of AmericaMissouri Court of Appeals · 1922
- Gill v. W.O.W.Missouri Court of Appeals · 1922
- Missouri Interstate Paper Co. v. GreshamMissouri Court of Appeals · 1938
6 more not listed; retrieve them via the Exa API.