Scheele v. State Home Lodge of the Farmers' Mutual Protection
Missouri Court of Appeals
Appeal from the Atchison Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) The court erred in giving instruction number 2 for defendant, excluding all evidence as to the offer to pay back assessments by Dankers and Dr. East. Section 13 does not render the policy null and void until after six months’ default. Payment or offer to pay at any time before death and within six months, without any other requirements, reinstates the policy.
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Appeal from the Atchison Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) The court erred in giving instruction number 2 for defendant, excluding all evidence as to the offer to pay back assessments by Dankers and Dr. East. Section 13 does not render the policy null and void until after six months’ default. Payment or offer to pay at any time before death and within six months, without any other requirements, reinstates the policy. Niblack, Benefit Societies [2 Ed.], sees. 272, 275; Mutual Benefit Ass’n v. Stapp, 77 Texas, 517; Wright v. Knights of the Golden Buie, ML. R. A. {Geo. case),…
1Opinion of the CourtGill, J.
This is an action based on what is ordinarily termed a beneficiary certificate of insurance, issued by one of those -fraternal, mutual aid societies now so common in the country. The plaintiff prosecutes this suit as the administrator of the estate of George C. Seheele, deceased, who, on April 9, 1894, became a member of the defendant- association and received from it a beneficiary certificate or policy of life insurance, entitling him to all the privileges and rights of said association and to participate in the beneficiary fund thereof to the amount of not exceeding $2,000, or so much…
2Cases cited3 opinions
- Borgraefe v. Supreme Lodge, Knights & Ladies of HonorMissouri Court of Appeals · 1886
- Illinois Masons' Benevolent Society v. BaldwinIllinois Supreme Court · 1877
- Borgraefe v. Supreme Lodge, Knights & Ladies of HonorMissouri Court of Appeals · 1887
3Cited by4 opinions
- Lavin v. Grand Lodge of the Ancient Order of United WorkmenMissouri Court of Appeals · 1904
- Warwick v. Supreme Conclave Knights of DamonSupreme Court of Georgia · 1899
- Miller v. United States Grand Lodge of Order Brith-AbrahamMissouri Court of Appeals · 1897
- State ex rel. Stone v. Grand Lodge Ancient Order of United WorkmenMissouri Court of Appeals · 1899