Grand Lodge Ancient Order of United Workmen v. Dister
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Eisher, Judge. While in a bill of interpleader it is not sufficient to simply state that the defendants make conflicting claims, it is enough to set up a color of right on the part of rival claimants. Robards v. Clayton, 49 Mo. App. 608; Franco-American, etc., • Ass’n v. Joy, 56 Mo. App. 433; Heusner v. Ins. Co., 47 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Eisher, Judge. While in a bill of interpleader it is not sufficient to simply state that the defendants make conflicting claims, it is enough to set up a color of right on the part of rival claimants. Robards v. Clayton, 49 Mo. App. 608; Franco-American, etc., • Ass’n v. Joy, 56 Mo. App. 433; Heusner v. Ins. Co., 47 Mo. App. 342; Roselle v. Bank, 119 Mo. 84. In the recent case of Sullivan v. Knights of Father Mathew, the court indorsed the most liberal view of the right of a society like respondent to maintain a bill of…
1Opinion of the CourtBond, J.
The petition in this case, omitting the formal parts, is as follows:
“For cause of action plaintiff states that it is now and was at the times hereafter stated, a fraternal beneficiary corporation under the laws of the State of Missouri.
“Plaintiff states that it is and was at the times hereinafter stated the governing body of a fraternal secret beneficiary order composed of it and various subordinate lodges known as the Ancient Order of United Workmen, and that at all times hereinafter stated North Star Lodge No. 245 was one of the subordinate lodges of said order.
“Plaintiff states that…
2Cases cited2 opinions
- Bishop v. Grand Lodge of the Empire Order of Mutual AidNew York Court of Appeals · 1889
- McMillan v. WackerMissouri Court of Appeals · 1894
3Cited by5 opinions
- Gibbs v. Knights of PythiasMissouri Court of Appeals · 1913
- Keith v. WintersSupreme Court of Oklahoma · 1944
- Gibbs v. Knights of PythiasMissouri Court of Appeals · 1913
- Martinez v. Supreme Lodge Knights of HonorMissouri Court of Appeals · 1899
- Ordelheide v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1911