Hayden v. Franklin Life Ins.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Missouri. The statute of Missouri (article 3, c. 119, Rev. St. 1899) in force at the time of the incorporation of the Merchants’ Life Association authorized the organization of insurance companies on what is popularly known as the “assessment plan.”
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In Error to the Circuit Court of the United States for the Eastern District of Missouri. The statute of Missouri (article 3, c. 119, Rev. St. 1899) in force at the time of the incorporation of the Merchants’ Life Association authorized the organization of insurance companies on what is popularly known as the “assessment plan.” Section 7901 declares that: “Every contract whereby a benefit is to accrue to a person or persons named therein, upon the death or physical disability of a person also named therein, the payment of which said benefit is in any manner or degree dependent upon the…
1Opinion of the CourtPhilips, District Judge
The first error assigned by the plaintiff is predicated on the action of the trial court in admitting in evidence the articles of association and by-laws of the Merchants’ Life Association. The objections to the former are that they are not parts of the contract of insurance, and the defendant’s liability is to be determined by the terms of the original *290policy, which does not refer to the charter. A like objection was interposed to the admission in evidence of the by-laws.
The principal cases cited in support of these objections are McDonald v. Life Ass’n, 154 Mo. 628, 55 S. W. 999, Elliott v.…
2Cases cited18 opinions
- Supreme Commandery of the Knights of the Golden Rule v. AinsworthSupreme Court of Alabama · 1882
- Supreme Lodge, Knights of Pythias v. KnightIndiana Supreme Court · 1889
- In Re the Equitable Reserve Fund Life Ass'nNew York Court of Appeals · 1892
- Sulz v. Mutual Reserve Fund Life Ass'nNew York Court of Appeals · 1895
- Hanford v. Massachusetts Benefit Ass'nSupreme Court of Missouri · 1894
13 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Westerman v. Supreme Lodge Knights of PythiasSupreme Court of Missouri · 1906
- Kribs v. United Order of ForestersMissouri Court of Appeals · 1915
- Vial v. Norwich Union Fire Insurance Society of NorwichAppellate Court of Illinois · 1912
- Empire Life Ins. Co. v. LandmanSupreme Court of Alabama · 1925
- Moran v. Franklin Life InsuranceMissouri Court of Appeals · 1911
4 more not listed; retrieve them via the Exa API.