Kane v. Supreme Tent of the Knights of the Maccabees of the World
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Walter B. Douglas, Judge. (1) It is. a well-settled principle of law that, before bringing an action at law against a fraternal beneficiary corporation, all tbe remedies provided by the laws of the order should be exhausted. Such a requirement is a condition precedent to suit, and unless complied with the action is premature.
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Appeal from St. Louis City Circuit Court. — Hon. Walter B. Douglas, Judge. (1) It is. a well-settled principle of law that, before bringing an action at law against a fraternal beneficiary corporation, all tbe remedies provided by the laws of the order should be exhausted. Such a requirement is a condition precedent to suit, and unless complied with the action is premature. It is not contended by respondent that any appeal was ever taken hy her from the action of the board of trustees in rejecting her claim, of which she had due notice. Mulroy v. Supreme Lodge, 28 Mo. App. 463; Supreme Lodge…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. The by-laws enacted by the association fori settlement of claims within the association provide for two appeals; first, by the claimant to the court of appeals; second, an appeal from the decision of the court of appeals to the supreme tent, which may be taken by either party. The supreme tent, we understand, does not convene oftener than once in two or three years, hence these bylaws make it possible to keep a claim pending before .the tribunals provided by the association, for two, three or more years before the claimant can resort to the courts to enforce…
2Cases cited10 opinions
- Mallory v. . the Travelers' Ins. Co.New York Court of Appeals · 1871
- McMahon v. Supreme Tent Knights of the Maccabees of the WorldSupreme Court of Missouri · 1899
- Grand Lodge Independent Order of Mutual Aid v. WietingIllinois Supreme Court · 1897
- Mutual Life Insurance v. WiswellSupreme Court of Kansas · 1896
- Matter of Brown v. . Order of ForestersNew York Court of Appeals · 1903
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3Cited by8 opinions
- Estate of DolbeerCalifornia Supreme Court · 1906
- Lindahl v. Supreme Court I. O. F.Supreme Court of Minnesota · 1907
- Walsche v. SherlockNew Jersey Court of Chancery · 1932
- Sowders v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1907
- Sullivan v. Seattle Electric Co.Washington Supreme Court · 1908
3 more not listed; retrieve them via the Exa API.