Ordelheide v. Modern Brotherhood
Supreme Court of Missouri
Appeal from Warren Circuit Court. — Hon. James D. Barnett, Judge. (1) That part of Sec. 1408, R. S. 1899, designating the class of persons to whom benefit certificates may be made payable is no part of the definition or description of a fraternal benefit society. "Westerman v. Supreme Lodge, 196 Mo. 670; Tice v. Supreme Lodge, 123 Mo. App. 85, 204 Mo. 354; Armstrong v. Modern Brotherhood, 132 Mo.
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Appeal from Warren Circuit Court. — Hon. James D. Barnett, Judge. (1) That part of Sec. 1408, R. S. 1899, designating the class of persons to whom benefit certificates may be made payable is no part of the definition or description of a fraternal benefit society. "Westerman v. Supreme Lodge, 196 Mo. 670; Tice v. Supreme Lodge, 123 Mo. App. 85, 204 Mo. 354; Armstrong v. Modern Brotherhood, 132 Mo. App. 171. (2) When Leek had his benefit certificate made payable to “legal representatives related to the member as . . . within 90 days” after proof of death, he meant his heirs or next of kin. R.…
1Opinion of the CourtGraves, P. J.
— This is the second appearance of this case in this court. It was first here upon the theory that a constitutional question was involved. [Ordelheide, Admr., v. Modern Brotherhood of America, 226 Mo. 203.] We held that there was no constitutional question involved and certified the case to the St. Louis Court of Appeals. About the same time we likewise recertified the case of Dennis v. Modern Brotherhood of America, to the Kansas City Court of Appeals. [Dennis v. Modern Brotherhood, 231 Mo. 211.]
When the Dennis case, supra, was pending here it was suggested that there were adverse views upon…
2Cases cited9 opinions
- Knights Templars' & Masons' Life Indemnity Co. v. JarmanSupreme Court of the United States · 1902
- Aloe v. Fidelity Mutual Life Ass'nSupreme Court of Missouri · 1900
- Toomey v. Supreme Lodge Knights of PythiasSupreme Court of Missouri · 1898
- Loos ex rel. Loos v. John Hancock Mutual Life InsuranceSupreme Court of Missouri · 1867
- Herzberg v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1905
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3Cited by11 opinions
- Andrus v. Business Men's Accident Ass'n of AmericaSupreme Court of Missouri · 1920
- Modern Woodmen of America v. CasadosDistrict Court, D. New Mexico · 1937
- Ragsdale v. Brotherhood of Railroad TrainmenMissouri Court of Appeals · 1934
- State Ex Rel. Security Benefit Assn. v. Shain.Supreme Court of Missouri · 1938
- Ryan v. Woman's Benefit Ass'n of the MacCabeesMissouri Court of Appeals · 1921
6 more not listed; retrieve them via the Exa API.