Taylor v. National Temperance Relief Union
Supreme Court of Missouri
'Error to Ray Circuit Court. — Hon. Gr. W. Dunn,, Judge. ■ (1) The petition does not show that the defendant was ever furnished with “due proofs of the death of the said member, Taylor.” May on Insurance, sec. 460 - Sims v. Ins. Co., 47 Mo. 59. (2) The remedy, if any, is to compel the company to make the assessment. Rainsherger v. Union, 33 N. W. Rep. 626; Newman v. Covenant, 33 N. W. Rep. 562. (3) The beneficiary had no vested interest.
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'Error to Ray Circuit Court. — Hon. Gr. W. Dunn,, Judge. ■ (1) The petition does not show that the defendant was ever furnished with “due proofs of the death of the said member, Taylor.” May on Insurance, sec. 460 - Sims v. Ins. Co., 47 Mo. 59. (2) The remedy, if any, is to compel the company to make the assessment. Rainsherger v. Union, 33 N. W. Rep. 626; Newman v. Covenant, 33 N. W. Rep. 562. (3) The beneficiary had no vested interest. Gentry v. Supreme Lodge, 20 C. L. J. 393; Eastman v. Mut. Ass'n, 20 C. L. J. 266, see note to this case; Eallenherg v. I. O. B. B., 94 N. Y. 580 ; Splawnv.…
1Opinion of the CourtNorton, C. J.
The propriety of the action of the circuit court, in overruling a demurrer to plaintiffs’ petition, is the only question we are called upon to decide. The petition contains three counts. So much of the first count as is necessary to a decision of the point raised is> as follows:
“Plaintiffs state that defendant is a corporation duly organized and operating under the laws of this state; plaintiffs state that, on the twenty-second of June, 1884, George R. Taylor departed this life and his wife, Mary E. Taylor, departed this life about six months previous to the death of her said husband;…
2Cases cited4 opinions
- Richmond v. JohnsonSupreme Court of Minnesota · 1881
- Newman v. Covenant Mut. Ben. Asso.Supreme Court of Iowa · 1887
- Covenant Mutual Benefit Ass'n v. SearsIllinois Supreme Court · 1885
- Curtis v. Mutual Benefit Life Co.Supreme Court of Connecticut · 1880
3Cited by11 opinions
- O'Brien v. . Home Benefit SocietyNew York Court of Appeals · 1889
- McFarland v. United States Mutual Accident Ass'nSupreme Court of Missouri · 1894
- Bentz v. Northwestern Aid Ass'nSupreme Court of Minnesota · 1889
- Herndon v. Triple AllianceMissouri Court of Appeals · 1891
- Frame v. Sovereign Camp, Woodmen of the WorldMissouri Court of Appeals · 1896
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