Hoeffner v. Grand Lodge of the German Order
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) Aside from by-laws, every benevolent society, organized for the purpose of extending aid to its members, and which pays such benefits from contributions assessed upon its members, has the inherent power to expel a member for fraud upon the fund. Niblack on Mut. Ben. Societies, secs. 37-41, 59; Bacon on Benefit Societies, sec. 97; Society v. Commonwealth, 52 Pa.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) Aside from by-laws, every benevolent society, organized for the purpose of extending aid to its members, and which pays such benefits from contributions assessed upon its members, has the inherent power to expel a member for fraud upon the fund. Niblack on Mut. Ben. Societies, secs. 37-41, 59; Bacon on Benefit Societies, sec. 97; Society v. Commonwealth, 52 Pa. St. 125-33. (2) It is settled law that voluntary associations, or corporations, for benevolent purposes are left to enforce their own rules of. discipline,…
1Opinion of the CourtRombauer, P. J.
This is an action by the widow of á member of a benevolent society to recover the death benefit, payable upon the decease of a member to his widow. The petition states that the member’s death occurred in December, 1887, but that the society declined to pay the plaintiff anything as a death benefit, although she made'due proofs of death. The answer denies that the plaintiff ’ s husband was a member of the society at the date of his death. The- answer then states that the plaintiff’s husband was tried, found guilty and expelled from the society, by his lodge, for simulating sickness in order to…
2Cases cited7 opinions
- Hellenberg v. District Number One of the Independent Order of BerithNew York Court of Appeals · 1884
- Mulroy v. Supreme Lodge of the Knights of HonorMissouri Court of Appeals · 1888
- Anacosta Tribe, No. 12 v. MurbachCourt of Appeals of Maryland · 1859
- Osceola Tribe, No. 11 v. SchmidtCourt of Appeals of Maryland · 1881
- Collins v. TrotterSupreme Court of Missouri · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- People ex rel. Keefe v. Women's Catholic Order of ForestersIllinois Supreme Court · 1896
- Lavin v. Grand Lodge of the Ancient Order of United WorkmenMissouri Court of Appeals · 1905
- Rueb v. RehderNew Mexico Supreme Court · 1918
- Glardon v. Supreme Lodge, Knights of Pythias of the WorldMissouri Court of Appeals · 1892
- Malmsted v. Minneapolis Aerie, No. 34Supreme Court of Minnesota · 1910
6 more not listed; retrieve them via the Exa API.