Legal Opinion

Masonic Benevolent Ass'n v. Bunch

Supreme Court of Missouri

Decided October 15, 1891PublishedCited by 60 opinions

Appeal from Hmnibal Court of Common Pleas, — Hon. Thomas H. Bacon, Judge. (1) Under the charter, constitution and by-laws of the respondent association, Lewis W. Bunch had no-power to designate David W. Bunch as his beneficiary,, because said David was neither the widow, orphan,, heir or devisee of Lewis.

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Appeal from Hmnibal Court of Common Pleas, — Hon. Thomas H. Bacon, Judge. (1) Under the charter, constitution and by-laws of the respondent association, Lewis W. Bunch had no-power to designate David W. Bunch as his beneficiary,, because said David was neither the widow, orphan,, heir or devisee of Lewis. The contract between an association like the one at bar and its members is to be found in its certificate, if one be issued, taken in connection with the constitution and by-laws of the society. Bacon on Benevolent Societies, sec. 161, and cases cited; Britton v. Supreme Cotmcil, 46 N. J.…

1Opinion of the CourtGantt, P. J.

The controversy in this case is between the respondents, Catherine Bunch et al., as heirs of David Bunch, the beneficiary named in a certificate of life insurance issued by plaintiff association to one Lewis W. Bunch, on the one side, and R. E, Anderson, executor of said Lewis W. Bunch, on the other. The latter has appealed from a decree of the Hannibal court of common pleas, awarding to Catherine Bunch et al. the fund of $3,880 paid in to the court by the association in accordance with an interlocutory order upon its bill of interpleader exhibited against all of the respondents and the…

2Cases cited32 opinions

  1. Warnock v. DavisSupreme Court of the United States · 1882
  2. Olmsted v. . KeyesNew York Court of Appeals · 1881
  3. Supreme Council American Legion of Honor v. PerryMassachusetts Supreme Judicial Court · 1886
  4. Bloomington Mutual Benefit Ass'n v. BlueIllinois Supreme Court · 1887
  5. Luhrs v. . LuhrsNew York Court of Appeals · 1890

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3Cited by60 opinions

  1. Supreme Council of Royal Arcanum v. BehrendSupreme Court of the United States · 1918
  2. Westerman v. Supreme Lodge Knights of PythiasSupreme Court of Missouri · 1906
  3. Wirtz v. Sovereign Camp, W. O. W.Texas Supreme Court · 1925
  4. Delaney v. DelaneyIllinois Supreme Court · 1898
  5. Toomey v. Supreme Lodge Knights of PythiasSupreme Court of Missouri · 1898

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