Warner v. Modern Woodmen of America
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Eon. Howard Gray, Judge. (1) Officers of the local subordinate lodges, or camps, of the defendant society are its agents. McMahon t. Maccabees, 151 Mo. 522; Frame y. W. O. W., 67 Mo. App. 127. (2) If plaintiff is prevented from completing his contract by any unwarranted act or default of defendant, he may recover as if the contract were completed.
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Appeal from Jasper Circuit Court. — Eon. Howard Gray, Judge. (1) Officers of the local subordinate lodges, or camps, of the defendant society are its agents. McMahon t. Maccabees, 151 Mo. 522; Frame y. W. O. W., 67 Mo. App. 127. (2) If plaintiff is prevented from completing his contract by any unwarranted act or default of defendant, he may recover as if the contract were completed. Jarrell v. Farris, 6 M'o. 159 ^ Little v. Mercer, 9 Mo. 218; McCullough v. Baker, 47 Mo. 401; Baker v. Railroad, 19 Mo. App. 321; Baker v. Railroad, 34 Mo. App. 98. (3) Forfeitures are not favored, and laws, rules…
1Opinion of the CourtBboaldus, P. J.
The cause of action set forth in the petition is to enforce the payment of a benefit certificate issued by the defendant to Dr. J. A. Warner, who died at about twelve o’clock m. February 16, 1904, at Beeds, Missouri, his place of residence. The certificate was issued in April, 1901, for $1,000, payable on the death of the insured to his two daughters, the plaintiff being their assignee. The deceased failed to pay his assessment in November, 1903, and thereby, admittedly, became suspended in accordance with the bylaws of the association, from and after December 1, 1903. He was a member'of the…
2Cases cited5 opinions
- McMahon v. Supreme Tent Knights of the Maccabees of the WorldSupreme Court of Missouri · 1899
- Andre v. Modern WoodmenMissouri Court of Appeals · 1903
- Boward v. Bankers Union of the WorldMissouri Court of Appeals · 1902
- Cline v. Sovereign Camp, Woodmen of the WorldMissouri Court of Appeals · 1905
- Cauveren v. Ancient Order of PyramidsMissouri Court of Appeals · 1903
3Cited by1 opinion
- Amber v. DavisMissouri Court of Appeals · 1926