Baltzell v. Modern Woodmen of America
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hoot. J. D. Perkins, Judge. (1) The defendant is a fraternal beneficiary association, and its contract or benefit certificate brings it clearly within the statutes of the State of Missouri. R. S. 1899, sec. 1408. (2) The defendant introduced the certificates of the state superintendent of insurance authorizing it to do business in the State of Missouri as a fraternal beneficiary association.
Read the full summary
Appeal from Jasper Circuit Court. — Hoot. J. D. Perkins, Judge. (1) The defendant is a fraternal beneficiary association, and its contract or benefit certificate brings it clearly within the statutes of the State of Missouri. R. S. 1899, sec. 1408. (2) The defendant introduced the certificates of the state superintendent of insurance authorizing it to do business in the State of Missouri as a fraternal beneficiary association. That, however, does not fix the character of the defendant; the policy itself, with the application and. by-laws of the defendant, should place it in the class to which…
1Opinion of the CourtBroaddus, J.
The plaintiff’s cause of action is founded upon an insurance policy denominated a “benefit certificate” issued by the defendant to one Charles F, Baltzell, plaintiff’s husband, she being the beneficiary, said policy being dated December 5, 1899. The sole defense was that the insured committed suicide thereby avoiding the policy. At the close of the ease, after all the evidence on both sides had been introduced, the court instructed the jury to find for the plaintiff. The jury returned a verdict for $3,082.50, the amount of the policy and interest, upon which judgment was rendered and…
2Cases cited4 opinions
- Logan v. Fidelity & Casualty Co.Supreme Court of Missouri · 1898
- Bloomington Mutual Benefit Ass'n v. BlueIllinois Supreme Court · 1887
- Masonic Benevolent Ass'n v. BunchSupreme Court of Missouri · 1891
- Aloe v. Fidelity Mutual Life Ass'nSupreme Court of Missouri · 1900
3Cited by15 opinions
- Young v. Railway Mail Ass'nMissouri Court of Appeals · 1907
- Gruwell v. National Council Knights & Ladies of SecurityMissouri Court of Appeals · 1907
- Herzberg v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1905
- Dennis v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1906
- Loyd v. Modern Woodmen of AmericaMissouri Court of Appeals · 1905
10 more not listed; retrieve them via the Exa API.