Burke v. Grand Lodge A. O. U. W.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. (1) The doctrine contended for here is that, if an officer of the subordinate lodge, or the subordinate lodge itself, pays assessments for a member, at his request, either as a loan or a gift, such member, if the grand lodge officers have knowledge of such a transaction, is thereafter privileged to pay or not to pay, as he pleases, and if he does not pay, no suspension results.
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Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. (1) The doctrine contended for here is that, if an officer of the subordinate lodge, or the subordinate lodge itself, pays assessments for a member, at his request, either as a loan or a gift, such member, if the grand lodge officers have knowledge of such a transaction, is thereafter privileged to pay or not to pay, as he pleases, and if he does not pay, no suspension results. If this doctrine be true, no subordinate lodge can, out of its own funds, assist its unfortunate members in any way, if the grand lodge officers know…
1Opinion of the CourtJohnson, J.
Plaintiff, tbe widow of William F. Burke, deceased, brought this suit on a benefit certificate issued by defendant, a fraternal beneficiary society incorporated in this State. In 1897 Burke became a member of Summit Lodge No. 272 of said order at Kansas City and defendant issued to him tbe benefit certificate in suit, by the terms of which tbe grand lodge promised to pay plaintiff, tbe beneficiary, two thousand dollars on tbe death of tbe member, on condition “that said William F. Burke shall in every particular, while a member of said order, comply with all tbe rules, laws and requirements…
2Cases cited5 opinions
- McMahon v. Supreme Tent Knights of the Maccabees of the WorldSupreme Court of Missouri · 1899
- Modern Woodmen v. TevisCourt of Appeals for the Eighth Circuit · 1902
- Harvey v. Grand Lodge of Ancient Order of United WorkmenMissouri Court of Appeals · 1892
- Lavin v. Grand Lodge of the Ancient Order of United WorkmenMissouri Court of Appeals · 1904
- Curtin v. Grand Lodge of Missouri Ancient Order of United WorkmenMissouri Court of Appeals · 1896
3Cited by14 opinions
- Griffith v. Supreme Council of the Royal ArcanumMissouri Court of Appeals · 1914
- Davis v. National Council of the Knights & Ladies of SecurityMissouri Court of Appeals · 1917
- Shartle v. Modern BrotherhoodMissouri Court of Appeals · 1909
- Thompson v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1915
- Day v. Supreme Forest, Woodmen CircleMissouri Court of Appeals · 1913
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