Griffith v. Mutual Protective League
Missouri Court of Appeals
Appeal from the Circuit Court of Pike County.— Eon. Edgar B. Woolfollt; Judge. (1) Section 5 of the benefit certificate sued on is valid and prevents a recovery in this case. Cases wherein recovery is allowed where death of the insured is caused by the beneficiary are decided upon construction of the contracts. Sharpless v. G-rand Lodge A. O. TJ.
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Appeal from the Circuit Court of Pike County.— Eon. Edgar B. Woolfollt; Judge. (1) Section 5 of the benefit certificate sued on is valid and prevents a recovery in this case. Cases wherein recovery is allowed where death of the insured is caused by the beneficiary are decided upon construction of the contracts. Sharpless v. G-rand Lodge A. O. TJ. W., 159 N. W. 1086; Schmidt v. Northern Life Assn., 112 Iowa, 41 51 L. R. A. 141; Knights of Honor v. Menkhausen, 209 Ill. 277, 65 L. E. A. 508. (2) The public policy of Missouri respecting forfeitures does apply to fraternal benefit societies. Tice…
1Opinion of the Court
OPINION.
EEYNOLDS, P. J.
(after stating' the facts as above). — It is contended by learned counsel for respondents that the finding of the court, that the defendant at all times prior to the issue of the benefit certificate, in 1908, and ever since, has been duly authorized and empowered to do business in this State as a fraternal beneficiary association and has complied with the statutes of this State in reference to making annual reports, is not supported by any evidence.
It is true that we do not find any direct evidence in the case, as to the making of the reports, but that may be inferred…
2Cases cited4 opinions
- Hartford Fire Insurance v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1899
- Schmidt v. Supreme Court United Order of ForestersSupreme Court of Missouri · 1910
- American Brewing Co. v. City of St. LouisSupreme Court of Missouri · 1908
- Greer v. Supreme Tribe of Ben HurMissouri Court of Appeals · 1917
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- Gable v. Salvation ArmySupreme Court of Oklahoma · 1940
- Sovereign Camp Woodmen of the World v. ClarkSupreme Court of Arkansas · 1931
- Polish National Alliance of U S of North America v. CrowleyOhio Court of Appeals · 1930
- Hutcherson v. Sovereign Camp, W. O. W.Court of Appeals of Texas · 1922
- State Farm Mutual Automobile Insurance v. HildebrandNebraska Supreme Court · 1993
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