Toomey v. Supreme Lodge Knights of Pythias
Supreme Court of Missouri
Transferred from St. Louis Gourt of Appeals. (1) An association that requires assessments from time to time on death losses, the amount of which is regulated by their age, is, as regards such business, an insurance company. Crimes v. N. W. Legion of Honor, 64 N. W. Rep. 806; State ex rel. v. Merchants Ex., 72 Mo. 158; Bauer v. Samson Lodge K. of P., 15 Ins.
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Transferred from St. Louis Gourt of Appeals. (1) An association that requires assessments from time to time on death losses, the amount of which is regulated by their age, is, as regards such business, an insurance company. Crimes v. N. W. Legion of Honor, 64 N. W. Rep. 806; State ex rel. v. Merchants Ex., 72 Mo. 158; Bauer v. Samson Lodge K. of P., 15 Ins. Law Jour. 81; Supreme Lodge K. of P. v. Schmidt, 98 Ind. 374. (2) The endowment rank.of the defendant is a branch of the defendant known as the “insurance branch,” and if it is entirely separate and distinct from the order of Knights of…
1Opinion of the CourtMarshall, J.
— This is a suit to recover $2,000 on a policy of insurance, issued by defendant, upon the life of Dennis Toomey, the late husband of the plaintiff. The circuit court rendered judgment for the defendant, but upon appeal, by the plaintiff, the St. Louis Court of Appeals reversed that judgment and remanded the case, 74 Mo. App. 507. Judge Biggs dissented, and because he was of opinion that the decision of that court was opposed to the decision of that court in the case of Theobald v. Supreme Lodge, 59 Mo. App. 87, and to the decision of this court in Masonic *133Benevolent Association v. Bunch, 109…
2Cases cited11 opinions
- Logan v. Fidelity & Casualty Co.Supreme Court of Missouri · 1898
- Knights of Pythias v. KalinskiSupreme Court of the United States · 1896
- Masonic Benevolent Ass'n v. BunchSupreme Court of Missouri · 1891
- Bolton v. BoltonSupreme Judicial Court of Maine · 1882
- Jacobs v. Omaha Life Ass'nSupreme Court of Missouri · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Westerman v. Supreme Lodge Knights of PythiasSupreme Court of Missouri · 1906
- Aloe v. Fidelity Mutual Life Ass'nSupreme Court of Missouri · 1900
- Cosmopolitan Life Insurance Co. v. KoegelSupreme Court of Virginia · 1905
- State ex rel. Supreme Lodge Knights v. VandiverSupreme Court of Missouri · 1908
- Schmidt v. Supreme Court United Order of ForestersSupreme Court of Missouri · 1910
25 more not listed; retrieve them via the Exa API.