Laker v. Royal Fraternal Union
Missouri Court of Appeals
Appeal from Greene Circuit Court. —Hon. James T. Neville, Judge. In construing a contract effect should he given to -each and every part of the contract, so' as to reconcile. ■and uphold all portions of the same, if it can be done. Uhiclde v. Chouteau, etc., Co., 10 Mo. App. 241, 84 Mo. 161; Calloway v. Henderson, 130 Mo. 77; Ellerbe v. Barney, 119 Mo. 632; Frame v. Sovereign Camp, 67 Mo. App. 127; Goodwin v. Prov. Sav. Life Ass’n, 59 Am.
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Appeal from Greene Circuit Court. —Hon. James T. Neville, Judge. In construing a contract effect should he given to -each and every part of the contract, so' as to reconcile. ■and uphold all portions of the same, if it can be done. Uhiclde v. Chouteau, etc., Co., 10 Mo. App. 241, 84 Mo. 161; Calloway v. Henderson, 130 Mo. 77; Ellerbe v. Barney, 119 Mo. 632; Frame v. Sovereign Camp, 67 Mo. App. 127; Goodwin v. Prov. Sav. Life Ass’n, 59 Am. St. Rep. 411. (1) The learned judge of the circuit court decided that appellant was an insurance company, because the monthly payments and mortuary benefits…
1Opinion of the CourtBland, P. J.
The suit is to recover the fourth installment of one hundred and twenty-five dollars, claimed to be due plaintiff as the beneficiary in- the benefit certificate issued by the defendant to Frederick W. Laker. The contents of the certificate, material to this controversy, are as follows:
“DIVISION TWO.
“Read Your Certificate.
“BENEFIT CERTIFICATE.
“Royal Fraternal Union of St. Louis, Mo¡
“No. 3712.
“Assessment $4.30. Age 53 years.
“$2,000.
“Date, April 1, 1898.
“Member, Frederick W. Laker.
“Address, Springfield.
“State, Mol
“National Council No. One.
“When writing the home office with reference to this…
2Cases cited6 opinions
- McCoy v. Northwestern Mutual Relief Ass'nWisconsin Supreme Court · 1896
- Morrison v. Wisconsin Odd Fellows' Mutual Life InsuranceWisconsin Supreme Court · 1884
- Niagara Fire Insurance v. ScammonIllinois Supreme Court · 1881
- State ex inf. Crow v. FlemingSupreme Court of Missouri · 1898
- Failey v. FeeCourt of Appeals of Maryland · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Francis v. International Travelers' Ass'nCourt of Appeals of Texas · 1924
- International Travelers' Ass'n v. BranumCourt of Appeals of Texas · 1914
- Lewine ex rel. Wolford v. Supreme Lodge, Knights of Pythias of the WorldMissouri Court of Appeals · 1907
- State Ex Rel. Continental Insurance v. ReynoldsSupreme Court of Missouri · 1921
- Propst v. Capital Mutual Ass'nMissouri Court of Appeals · 1939
7 more not listed; retrieve them via the Exa API.