Legal Opinion

Order of Railway Conductors v. Koster

Missouri Court of Appeals

Decided November 21, 1893PublishedCited by 22 opinions

Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Yalliant, Judge. 11A policy of life insurance or a designation of beneficiary, valid in its inception, remains so, although, the insurable interest or relationship of the beneficiary ceases, unless it is otherwise stipulated in the contract.” Bacon on Mutual Benefit Societies, sec. 253, and cases cited; Connecticut, etc., Ins. Co. v. Schaffer, 94 U. S. 457; McKee v. Ins.

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Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Yalliant, Judge. 11A policy of life insurance or a designation of beneficiary, valid in its inception, remains so, although, the insurable interest or relationship of the beneficiary ceases, unless it is otherwise stipulated in the contract.” Bacon on Mutual Benefit Societies, sec. 253, and cases cited; Connecticut, etc., Ins. Co. v. Schaffer, 94 U. S. 457; McKee v. Ins. Co.,. 28 Mo. 383; Clark v. Allen, 11 R. I. 439; Dalbyv. Ins. Co., 15 C. B. 365; Campbell v. Ins. Co., 98 Mass. 381; Ins. Co. v.. Baum, Ind. 236. In respect to the…

1Opinion of the CourtRombauer, P. J.

This is a contest between the respondent and the appellants as interpleaders for a certain fund paid by plaintiff into court. The trial court awarded the fund to 'Ella Koster. Sarah E. Lally and her husband, John Lally, who prosecute this appeal, assign for error that upon the evidence the court should have awarded the fund to Sarah E. Lally.

We find the facts to be as follows. The plaintiff is a mutual benefit association or order, organized under a statute of the state of Iowa, which proyides among other things:

“Section 7. No corporation or association organized or operating under this act…

2Cases cited6 opinions

  1. Tyler v. Odd Fellows' Mutual Relief Ass'nMassachusetts Supreme Judicial Court · 1887
  2. Masonic Benevolent Ass'n v. BunchSupreme Court of Missouri · 1891
  3. McKee v. Phœnix InsuranceSupreme Court of Missouri · 1859
  4. National Ass'n of the National American Ass'n v. KirginMissouri Court of Appeals · 1887
  5. McFarland v. CreathMissouri Court of Appeals · 1889

1 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Murphy v. NowakIllinois Supreme Court · 1906
  2. Supreme Lodge Knights & Ladies of Honor v. MenkhausenIllinois Supreme Court · 1904
  3. Hofman v. Grand Lodge of Brotherhood of Locomotive FiremenMissouri Court of Appeals · 1898
  4. Filley v. Illinois Life InsuranceSupreme Court of Kansas · 1914
  5. Overhiser v. OverhiserColorado Court of Appeals · 1899

17 more not listed; retrieve them via the Exa API.

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