Wilson v. General Assembly of American Benevolent Ass'n
Missouri Court of Appeals
Appeal from Linn Circuit Court. — Hon. John P. Butler, Judge. - (1) All questions with regard to the character of the appellant as to whether or not it is a fraternal beneficiary association are disposed of so far as this appeal is concerned by the fact that the trial court found that the appellant was a fraternal beneficiary association and so instructed the jury, and no exceptions were saved to the giving of the same by the respondent.
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Appeal from Linn Circuit Court. — Hon. John P. Butler, Judge. - (1) All questions with regard to the character of the appellant as to whether or not it is a fraternal beneficiary association are disposed of so far as this appeal is concerned by the fact that the trial court found that the appellant was a fraternal beneficiary association and so instructed the jury, and no exceptions were saved to the giving of the same by the respondent. Westminster College v. Pierson, 161 Mo. 286. In consideration of a flat premium defendant agreed to pay to the insured’s administrator the sum of nine…
1Opinion of the Court
ti ELLISON, J.
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This action is based on what defendant says is a benefit certificate issued by a fraternal benefit society for nine hundred dollars. The judgment in the trial court was for the plaintiff.
The plaintiff contends that while the defendant may be organized as a fraternal benefit society, yet it has made a contract in this case which is not entitled to the privileges' and immunities granted to such societies by the statute whereby they are exempted from certain provisions as to representations, suicide, etc., which are applicable to general life insurance companies. The defense is…
2Cases cited8 opinions
- Westerman v. Supreme Lodge Knights of PythiasSupreme Court of Missouri · 1906
- McDonald v. Bankers Life Ass'nSupreme Court of Missouri · 1900
- Aloe v. Fidelity Mutual Life Ass'nSupreme Court of Missouri · 1900
- Toomey v. Supreme Lodge Knights of PythiasSupreme Court of Missouri · 1898
- Herzberg v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Kribs v. United Order of ForestersMissouri Court of Appeals · 1915
- Ordelheide v. Modern BrotherhoodSupreme Court of Missouri · 1916
- Thompson v. Royal Neighbors of AmericaMissouri Court of Appeals · 1910
- McPike v. Supreme Ruling of the Fraternal Mystic CircleMissouri Court of Appeals · 1915
- Ordelheide v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1911
1 more not listed; retrieve them via the Exa API.