Bange v. Supreme Council Legion of Honor
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. (1) It is well settled that proof of the issuance of the beneficiary certificate and death of the member establish a prima-facie case. Winn v. Modern Woodmen, 157 Mo. App. 1; Bacon, Ben. Societies and Life Ins. (3 Ed.) sec. 414; Mulroy v. Knights, 28 Mo. App. 463; Stewart v. Legion of Honor, 36 Mo. App. 319; Force v. Knights of Honor, 41 Mo. App. 106; Chadwick v. Triple Alliance, 56 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. (1) It is well settled that proof of the issuance of the beneficiary certificate and death of the member establish a prima-facie case. Winn v. Modern Woodmen, 157 Mo. App. 1; Bacon, Ben. Societies and Life Ins. (3 Ed.) sec. 414; Mulroy v. Knights, 28 Mo. App. 463; Stewart v. Legion of Honor, 36 Mo. App. 319; Force v. Knights of Honor, 41 Mo. App. 106; Chadwick v. Triple Alliance, 56 Mo. App, 478; Gruwell v. Knights and Ladies of Security, 126 Mo. App. 496; McReynolds v. Railroad, 115 Mo. App. 680; O’Malley v. Railroad,…
1Opinion of the CourtNortoni, J.
This is a suit on a benefit certificate. The finding and judgment were for defendant and plaintiff prosecutes the appeal.
Defendant is a fraternal association, and the defense is that the insured forfeited his membership through nonpayment of contributions prior to his death and because of which he was suspended from the order. A second defense is to the effect that, though the suspension of the insured member was illegal, he nevertheless acquiesced therein, after having received due notice of such suspension.
The case has been reviewed here on two prior appeals. We find the relevant facts to…
Also in this document: Concurrence.
2Cases cited10 opinions
- Mulroy v. Supreme Lodge of the Knights of HonorMissouri Court of Appeals · 1888
- Lavin v. Grand Lodge of the Ancient Order of United WorkmenMissouri Court of Appeals · 1905
- Glardon v. Supreme Lodge, Knights of Pythias of the WorldMissouri Court of Appeals · 1892
- Konta v. St. Louis Stock ExchangeSupreme Court of Missouri · 1905
- Supreme Lodge Knights of Pythias of the World v. WilsonCourt of Appeals for the Fifth Circuit · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Gooden v. Modern Woodmen of AmericaMissouri Court of Appeals · 1916
- Hay v. Bankers Life Co.Missouri Court of Appeals · 1921
- Masonic Relief Ass'n v. HicksCourt of Appeals of Georgia · 1933
- State ex rel. Bankers Life Co. v. ReynoldsSupreme Court of Missouri · 1919
- Neff v. Sovereign Camp Woodmen of the WorldMissouri Court of Appeals · 1931
2 more not listed; retrieve them via the Exa API.