Hammerstein v. Parsons
Missouri Court of Appeals
Appeal from tbe St. Louis Circuit Court, Hon. Daniel Dillon, Judge. In Ballou v. Oile, 50 Wis. 614, the court, in denying the right of an administrator to a similar fund, says of mutual benefit societies, “the court should construe its rules and regulations liberally to effect its benevolent purposes, and should not construe them so as to defeat that purpose, if their language admits of any other reasonable construction.”
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Appeal from tbe St. Louis Circuit Court, Hon. Daniel Dillon, Judge. In Ballou v. Oile, 50 Wis. 614, the court, in denying the right of an administrator to a similar fund, says of mutual benefit societies, “the court should construe its rules and regulations liberally to effect its benevolent purposes, and should not construe them so as to defeat that purpose, if their language admits of any other reasonable construction.” Finn v. Lewis, 81 Mo. 259. In the above case the assured was a member of the Knights of Honor, the object of which, as declared by the charter, was “to establish a widows’…
1Opinion of the CourtPombauer, J.
The plaintiffs state in their petition that they, and certain other parties therein named, were, at the date of the death of Gustave Hammerstein, his only surviving children, and that said Gustave Hammerstein left no widow. They further state that, partly in their own right and partly by assignment, they represent all his surviving children. They further aver that said Hammerstein died April 12, 1886, being at the time of his death a member of class A, of the Odd Fellows Mutual Aid Association of Missouri, and being á member in good standing in. a lodge of the Independent Order of Odd Fellows…
2Cases cited5 opinions
- Ballou v. GileWisconsin Supreme Court · 1880
- Coleman v. Supreme Lodge, Knights of HonorMissouri Court of Appeals · 1885
- Duvall v. GoodsonCourt of Appeals of Kentucky · 1880
- Richardson v. KochSupreme Court of Missouri · 1883
- Fenn v. LewisMissouri Court of Appeals · 1881
3Cited by4 opinions
- Hammerstein v. ParsonsMissouri Court of Appeals · 1889
- State ex rel. Estes v. StaedMissouri Court of Appeals · 1895
- McFarland v. CreathMissouri Court of Appeals · 1889
- Succession of Johnson v. Grand Lodge of Odd FellowsLouisiana Court of Appeal · 1920