McMahon v. Supreme Tent Knights of the Maccabees of the World
Supreme Court of Missouri
Appeal from St. Louis Oity Oircuit Qúurb —IIon. Horatio D. Wood, Judge. (1) Officers of mutual insurance companies and fraternal-beneficial associations, have no power to waive the provisions of their by-laiys, especially such provisions as relate to the substance of the contract. May on Ins., secs. 146 and 14Y; Priest v. Ins. Co., 85 Mass. 604; Hale v. Ins. Co., 6 Gay 169; Brewer v. Ins. Co., 80 Mass. 203; Sweet v. Relief Society, Y8 Me. 545; McCoy v. Mut. Ins.
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Appeal from St. Louis Oity Oircuit Qúurb —IIon. Horatio D. Wood, Judge. (1) Officers of mutual insurance companies and fraternal-beneficial associations, have no power to waive the provisions of their by-laiys, especially such provisions as relate to the substance of the contract. May on Ins., secs. 146 and 14Y; Priest v. Ins. Co., 85 Mass. 604; Hale v. Ins. Co., 6 Gay 169; Brewer v. Ins. Co., 80 Mass. 203; Sweet v. Relief Society, Y8 Me. 545; McCoy v. Mut. Ins. Co., 15Y Mass. 2Y2; Eroehley v. Ins. Co., 32 Mo. App. 302; Lyon v. Society, 26 N. E. Rep. 236; Leonard v. Ins. Co., 9Y Ind. 299;…
1Opinion of the CourtValliant, J.
Tbe defendant is a fraternal society, chartered under tbe laws of Michigan, and issues benefit certificates in tbe nature of life insurance policies on tbe lives of its members for tbe benefit of their families. John C. McMahon, now deceased, was a member of tbe defendant society, and Mary McMahon, tbe plaintiff, is bis widow. In bis lifetime, and while be was a member, tbe defendant issued to plaintiff’s husband a benefit certificate for $3,000 payable to her at bis death upon condition that be complied with tbe laws of tbe order. His death occurred in October, 1893, and proof thereof was…
2Cases cited8 opinions
- Insurance Co. v. NortonSupreme Court of the United States · 1878
- Schunck v. Gegenseitiger Wittwen und Waisen FondWisconsin Supreme Court · 1878
- Harvey v. Grand Lodge of Ancient Order of United WorkmenMissouri Court of Appeals · 1892
- Hanley v. Life Ass'n of AmericaSupreme Court of Missouri · 1879
- Grand Lodge of Ancient Order of United Workmen v. ReneauMissouri Court of Appeals · 1898
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3Cited by60 opinions
- Westerman v. Supreme Lodge Knights of PythiasSupreme Court of Missouri · 1906
- Modern Woodmen v. TevisCourt of Appeals for the Eighth Circuit · 1902
- Seago v. New York Central Railroad Co.Supreme Court of Missouri · 1942
- Winter v. Supreme Lodge Knights of PythiasMissouri Court of Appeals · 1902
- Lavin v. Grand Lodge of the Ancient Order of United WorkmenMissouri Court of Appeals · 1904
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