Andre v. Modern Woodmen
Missouri Court of Appeals
Appeal from Daviess- Circuit Court. — No». J. W. Alexander, Judge. (1) The court erred in overruling defendant’s demurrer offered at the close of the whole case, for the •reasons: (a) That R. G. Griffith, clerk of Melhonrn Camp No. 7090, had no power to waive any of the provisions of the by-laws, and especially that he had no power or authority to waive any provisions relating to the substance of the contract, embodied in the application and benefit certificate and the…
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Appeal from Daviess- Circuit Court. — No». J. W. Alexander, Judge. (1) The court erred in overruling defendant’s demurrer offered at the close of the whole case, for the •reasons: (a) That R. G. Griffith, clerk of Melhonrn Camp No. 7090, had no power to waive any of the provisions of the by-laws, and especially that he had no power or authority to waive any provisions relating to the substance of the contract, embodied in the application and benefit certificate and the question of waiver, should not have been submitted to the jury. (2) Neither is the power of waiver in relation to the…
1Opinion of the CourtBroaddus, J.
On the 21st day of October, 1899, the defendant issued to Charles Andre, plaintiff’s husband, a certain benefit certificate, by the terms of which it agreed, in case of the death of said Andre while a beneficiary member of its organization in good standing, to pay plaintiff, his wife, one thousand dollars. By the terms of said certificate the by-laws of the association became a part thereof. They provide that each member shall pay certain dues to be assessed by the board of directors of the association, of which the member shall have notice, after which if he fails on or before the first day…
2Cases cited2 opinions
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- McMahon v. Supreme Tent Knights of the Maccabees of the WorldSupreme Court of Missouri · 1899
3Cited by14 opinions
- Edmonds v. Modern Woodmen of AmericaMissouri Court of Appeals · 1907
- Davis v. National Council of the Knights & Ladies of SecurityMissouri Court of Appeals · 1917
- Godwin v. National Council Knights & Ladies of SecurityMissouri Court of Appeals · 1912
- Cline v. Sovereign Camp, Woodmen of the WorldMissouri Court of Appeals · 1905
- Bonnot v. Grand Lodge, Brotherhood of Railroad TrainmenMissouri Court of Appeals · 1935
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