Britt v. Sovereign Camp Woodmen of the World
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Son. W. O. • Thomas, Judge. (1) Parties to a contract of insurance are free to insert in it whatever condition they please, providing there he nothing in them contrary to the law or public policy. 2 Bacon on Benefit Societies, sec. 352, p. 880; Kennedy v. Grand Fraternity, 36 Mont. 328. These authorities further declare that the time fixed for the payment and the time at which the policy is to become void is of the essence of the contract…
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Appeal from Jackson Circuit Court. — Son. W. O. • Thomas, Judge. (1) Parties to a contract of insurance are free to insert in it whatever condition they please, providing there he nothing in them contrary to the law or public policy. 2 Bacon on Benefit Societies, sec. 352, p. 880; Kennedy v. Grand Fraternity, 36 Mont. 328. These authorities further declare that the time fixed for the payment and the time at which the policy is to become void is of the essence of the contract and no notice of lapse is necessary. (2) Stipulations in a contract that non-payment of assessments'shall ispo facto…
1Opinion of the CourtJohnson, J.
Plaintiffs, the beneficiaries of a death benefit certificate issued by defendant May 16, 1906, to Edward Britt, commenced this suit in the circuit court of Jackson county to recover the amount alleged to be due them under the terms of the certificate. It is conceded that Britt died May 6, 1909, and that defendant refused’ to recognize the demand of plaintiffs as a valid obligation. The cause pleaded in the petition is stated as one founded on an ordinary life policy. The answer admits the defendant issued its beneficiary certificate to Edward Britt, payable to plaintiffs in the event of the…
2Cases cited1 opinion
- McMahon v. Supreme Tent Knights of the Maccabees of the WorldSupreme Court of Missouri · 1899
3Cited by5 opinions
- Missouri Cattle Loan Co. v. Great Southern Life InsuranceSupreme Court of Missouri · 1932
- Brittenham v. Sovereign Camp Woodmen of the WorldMissouri Court of Appeals · 1914
- Kennedy v. Supreme Tent of the Knights of the Maccabees of the WorldWashington Supreme Court · 1918
- Feld v. Continental Casualty Co.California Supreme Court · 1942
- Hotchkiss v. Supreme Lodge Knights of PythiasMissouri Court of Appeals · 1914