Gibbs v. Knights of Pythias
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.— Hon. Charles Glaflm Allen, Judge. (1) Plaintiff being the sole legatee under the will of the deceased, and not coming within the class of persons designated in the statute of Missouri and the bylaws of the defendant Knights of Pythias of Missouri, etc., is not entitled to recover the fund sued for.
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Appeal from St. Louis City Circuit Court.— Hon. Charles Glaflm Allen, Judge. (1) Plaintiff being the sole legatee under the will of the deceased, and not coming within the class of persons designated in the statute of Missouri and the bylaws of the defendant Knights of Pythias of Missouri, etc., is not entitled to recover the fund sued for. E. S. 1879, sec. 2823; R. S'. 1899, sec. 1408; Masonic Benefit Assn. v. Bunch, 109 Mo. 560; Pauly v. M. W. A., 87 S. W. R. 990; Keener v. Grand Lodge, 38 Mo. App. 543; Dennis v. M. B. A., 119 Mo. App. 210. (2) Where the by-laws of the association provide…
1Opinion of the CourtNobtoni, J.
—Tbis is a suit on a certificate of life insurance. Plaintiff recovered and defendant prosecutes the appeal. .
Tbe principal question for consideration relates to tbe right of a personal representative of tbe injured, who is one not included within tbe class of beneficiaries authorized by our statute, to recover on tbe certificate, when it appears tbe insured fully performed all of tbe conditions on bis part and tbe contract is fully executed excepting its payment by defendant. Subsidiary to tbis are tbe questions: If tbe executor is allowed -to recover, may be do so in tbe interests of a…
Also in this document: Concurrence.
2Cases cited23 opinions
- Connecticut Mutual Life Insurance v. SchaeferSupreme Court of the United States · 1877
- Supreme Council American Legion of Honor v. PerryMassachusetts Supreme Judicial Court · 1886
- Bloomington Mutual Benefit Ass'n v. BlueIllinois Supreme Court · 1887
- Masonic Benevolent Ass'n v. BunchSupreme Court of Missouri · 1891
- Westerman v. Supreme Lodge Knights of PythiasSupreme Court of Missouri · 1906
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3Cited by2 opinions
- Supreme Lodge Knights of Honor v. BielerIndiana Court of Appeals · 1914
- Peterson v. National Council of the Knights & Ladies of SecurityMissouri Court of Appeals · 1915