Baker v. Modern Woodmen of America
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. Henry C. Riley, Judge. (1) If tbe insured, James Mote Baker, after be became a member of defendant order, was convicted of a felony, bis benefit certificate was ipso facto, at tbe moment of conviction rendered null and void. (2) Tbe Missouri courts have many times determined that tbe contract between a member of a fraternal beneficiary society and tbe society itself will be substantially upheld and enforced.
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Appeal from Pemiscot Circuit Court. — Hon. Henry C. Riley, Judge. (1) If tbe insured, James Mote Baker, after be became a member of defendant order, was convicted of a felony, bis benefit certificate was ipso facto, at tbe moment of conviction rendered null and void. (2) Tbe Missouri courts have many times determined that tbe contract between a member of a fraternal beneficiary society and tbe society itself will be substantially upheld and enforced. Borgraefe v. Knigbts of Honor, 22 Mo. App. 142; Harvey v. Grand Lodge, 50 Mo. App. 479; Boyce v. Royal Circle, 99 Mo. App. 356; Lloyd v. Modern…
1Opinion of the CourtEeynolds, P. J.
(after stating the facts). — ■ Prom the instructions given by the court, it will be noted that in the first place the court held, in effect, that the reception of dues and assessments from Baker by the local camp, the fact of his alleged conviction not being communicated to the superior authorities of the Order, was no estoppel against the Order setting up forfeiture. As plaintiffs have not appealed from this declaration of law, although their counsel, as well as counsel for defendant, have argued this proposition with great earnestness and with much learning, it is not before us, and in the…
2Cases cited4 opinions
- Town of Carrollton v. RhombergSupreme Court of Missouri · 1883
- State v. PerrineSupreme Court of Missouri · 1874
- State v. BrownMissouri Court of Appeals · 1876
- State v. WoodsMissouri Court of Appeals · 1894
3Cited by6 opinions
- Cochran v. WilsonSupreme Court of Missouri · 1921
- State v. MacklinMissouri Court of Appeals · 1977
- McLaughlin v. Brotherhood of Railroad TrainmenSupreme Court of South Carolina · 1950
- City of Clayton v. SigoloffMissouri Court of Appeals · 1970
- American Insurance Union v. BuckleyOhio Court of Appeals · 1932
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