Legal Opinion

Loyd v. Modern Woodmen of America

Missouri Court of Appeals

Decided May 16, 1905PublishedCited by 17 opinions

Appeal from Stoddard Circuit Court. — Hon. J. L. Fort, Judge. (1) The defendant, Modern Woodmen of America, is a fraternal benificiary society as defined by the fraternal beneficiary law of Illinois, approved and in force July 22, 1893, and is now doing business in the State of Illinois under the said act.

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Appeal from Stoddard Circuit Court. — Hon. J. L. Fort, Judge. (1) The defendant, Modern Woodmen of America, is a fraternal benificiary society as defined by the fraternal beneficiary law of Illinois, approved and in force July 22, 1893, and is now doing business in the State of Illinois under the said act. Bastain v. M. W. of A., 166 111. 595, 46 N. E. 1090. (2) The act of the Illinois Legislature approved and in force June 22, 1893, under which defendant is now operating in the State of Illinois, and the act of the Missouri Legislature approved March 16, 1897, the said acts being fraternal…

1Opinion of the CourtBland, P. J.

(after stating the facts). — In Baltzell v. M. W. of A., 98 Mo. App. 153, the Kansas City Court of Appeals held'that the defendant was not a fraternal benefit society for the reason it was not required to do business under a lodge system with ritualistic form of work and a representative form of government. -The record in the Baitzell case shows the society was incorporated under the laws of Illinois of 1883 but did not show the act of 1893 or that the society had been per*38mitted to do business under the later act as a fraternal benefit society, nor did the record show it had adopted by-laws,…

2Cases cited3 opinions

  1. Lavin v. Grand Lodge of the Ancient Order of United WorkmenMissouri Court of Appeals · 1904
  2. Baltzell v. Modern Woodmen of AmericaMissouri Court of Appeals · 1903
  3. Hudnall v. Modern Woodmen of AmericaMissouri Court of Appeals · 1903

3Cited by17 opinions

  1. Biggs v. Modern Woodmen of AmericaSupreme Court of Missouri · 1935
  2. Modern Woodmen of America v. OwensCourt of Appeals of Texas · 1910
  3. Bush v. Modern Woodmen of AmericaSupreme Court of Iowa · 1915
  4. Gallop v. Royal Neighbors of AmericaMissouri Court of Appeals · 1912
  5. Brittenham v. Sovereign Camp Woodmen of the WorldMissouri Court of Appeals · 1914

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