Zahm v. Royal Fraternal Union
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — No». George N. Williams, Judge. (1) The contract of a benefit society is with the member. He alone is interested in it. During his lifetime the beneficiary has no vested interest in the benefit, no rights which cannot be lost or divested by the act of the member, and none that can be asserted while the member is living. 1 Bacon on Ben. Societies (3 Ed.), sec. 237, p. 526; Hoffman v. Grand Lodge, 73 Mo. App. 47; Hansen v. Sup.
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Appeal from St. Louis City Circuit Court. — No». George N. Williams, Judge. (1) The contract of a benefit society is with the member. He alone is interested in it. During his lifetime the beneficiary has no vested interest in the benefit, no rights which cannot be lost or divested by the act of the member, and none that can be asserted while the member is living. 1 Bacon on Ben. Societies (3 Ed.), sec. 237, p. 526; Hoffman v. Grand Lodge, 73 Mo. App. 47; Hansen v. Sup. Lodge K. of H., 140 111. 301. (2) The contract is the measure of the beneficiary’s rights and he is bound by its provisions.…
1Opinion of the CourtReynolds, P. J.
The appellant here, defendant below, is a fraternal benevolent association, organized under the laws of this state, doing business upon the lodge system, with a ritualistic form of work and a representative form of government, and hereafter referred to as the Order. One John Zahm, on or about the 27th of October, 1899', received a certificate of beneficiary membership in the Order which provided, among other things, for the payment to the re*75spondent, then the wife and now the widow of the member, of two thousand dollars on his death in ease his membership had then continued in full force and…
2Cases cited3 opinions
- Sheets v. Iowa State InsuranceSupreme Court of Missouri · 1910
- Francis v. Supreme Lodge Ancient Order of United WorkmenMissouri Court of Appeals · 1910
- Honeycutt v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1890
3Cited by7 opinions
- Falvey v. HicksSupreme Court of Missouri · 1926
- The University Bank v. MajorMissouri Court of Appeals · 1935
- Daffron v. Modern Woodmen of AmericaMissouri Court of Appeals · 1915
- Bonnot v. Grand Lodge, Brotherhood of Railroad TrainmenMissouri Court of Appeals · 1935
- Wacker v. National Life & Accident InsuranceMissouri Court of Appeals · 1919
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