Puckett v. National Annuity Ass'n
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Jas. H. Withroio, Judge. (1) A fraternal beneficiary society is a creature of tbe statute. It can exercise no powers except as conferred by statute, and a member is bound to take notice of all tbe limitations and restrictions found in tbe statute relative to contracts of this kind. Perbracbe v. Grand Lodge A. O'. U. W., 81 Mo. App. 268; Lister v. Lister, 78 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Jas. H. Withroio, Judge. (1) A fraternal beneficiary society is a creature of tbe statute. It can exercise no powers except as conferred by statute, and a member is bound to take notice of all tbe limitations and restrictions found in tbe statute relative to contracts of this kind. Perbracbe v. Grand Lodge A. O'. U. W., 81 Mo. App. 268; Lister v. Lister, 78 Mo. App. 99; Montgomery v. Wbicbeck (N. D.), 96 N. W. 327. (2) It being conceded that tbe defendant is a fraternal beneficiary society, tbe court must construe tbe contract and award relief…
1Opinion of the CourtGoode, J.
Appellant is a fraternal order and issues benefit certificates for the payment of annuities on the occurrence of death or certain disabilities. These respondents held a certificate which provided, among other things, that if Walter Puckett was partly disabled by the loss of an eye, respondents should receive an annuity of $300 for ten years, payable in quarterly installments of seventy-five dollars each. The insured accidentally lost the sight of his right eye on October 5, 1905. In March, 1906, appellant allowed his claim for an annuity under the policy, and in the month of-April paid him…
2Cases cited21 opinions
- Secor v. . SturgisNew York Court of Appeals · 1858
- Perry v. . DickersonNew York Court of Appeals · 1881
- Bendernagle v. CocksNew York Supreme Court · 1838
- McCready v. . LindenbornNew York Court of Appeals · 1902
- Lorillard v. . ClydeNew York Court of Appeals · 1890
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3Cited by16 opinions
- New York Life Insurance v. ViglasSupreme Court of the United States · 1936
- Gottlieb v. HykenSupreme Court of Missouri · 1970
- Allen v. National Life & Accident InsuranceMissouri Court of Appeals · 1934
- Rundelman v. John O'Brien Boiler Works Co.Missouri Court of Appeals · 1913
- Buis v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1934
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