Fisher v. Supreme Lodge Knights & Ladies of Honor
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Wilson A. Taylor, Judge. (1) Where a contract is the basis of a suit, it must be shown, not in part, but in its entirety, and where by the terms of the benefit certificate, or by the terms of the preceding application for membership and accompanying medical examination, or either of these papers, each is made part of the other and of the benefit certificate, they constitute all together, the contract of insurance, in its…
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Appeal from St. Louis City Circuit Court. — Hon. Wilson A. Taylor, Judge. (1) Where a contract is the basis of a suit, it must be shown, not in part, but in its entirety, and where by the terms of the benefit certificate, or by the terms of the preceding application for membership and accompanying medical examination, or either of these papers, each is made part of the other and of the benefit certificate, they constitute all together, the contract of insurance, in its entirety, and all of them must he introduced in evidence by the plaintiff in chief,- in order to make a prima-facie case on…
1Opinion of the CourtAllen, J.
This is a suit upon a benefit certificate issued by the defendant, a fraternal beneficiary corporation, on December 4, 1906, to Albert H. Fisher, *613the husband of this plaintiff, and in which plaintiff is named as beneficiary. The maximum amount of insurance named therein is $1000, but the certificate provides that if death of the member insured shall occur within one year after the date thereof, the beneficiary shall be entitled to receive only one-third of such amount. Plaintiff’s husband died on January 13,1907, all dues and assessments payable by him to defendant order having been paid to…
2Cases cited9 opinions
- Mulroy v. Supreme Lodge of the Knights of HonorMissouri Court of Appeals · 1888
- Gilmore v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1914
- United Zinc Companies v. General Accident Assurance Corp.Missouri Court of Appeals · 1910
- Cullen v. Insurance Co. of North AmericaMissouri Court of Appeals · 1907
- Wintergerst v. Court of HonorMissouri Court of Appeals · 1914
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3Cited by4 opinions
- Sovereign Camp, W. O. W. v. BurrellSupreme Court of Alabama · 1920
- Motherstadt v. Harry Newman, Inc.Missouri Court of Appeals · 1920
- Golding v. Modern WoodmenMissouri Court of Appeals · 1923
- Welch v. Fraternal Aid UnionMissouri Court of Appeals · 1923