Ordelheide v. Modern Brotherhood of America
Missouri Court of Appeals
Appeal from Warren County Circuit Court. — Hon. James D. Barnett, Judge.' (1) Our insistence is that the portions of section 1408, R. S. Mo. 1899 and of section 3 of the laws of Iowa merely designating the persons to whom benefit certificates may be made payable, are no part of the definition of a fraternal benefit society under either statute.
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Appeal from Warren County Circuit Court. — Hon. James D. Barnett, Judge.' (1) Our insistence is that the portions of section 1408, R. S. Mo. 1899 and of section 3 of the laws of Iowa merely designating the persons to whom benefit certificates may be made payable, are no part of the definition of a fraternal benefit society under either statute. To determine whether or not appellant is a fraternal benefit society the only inquiries to be made are, whether it is a corporation or voluntary association organized and carried on for the sole benefit of its members, and not for profit; whether it…
1Dissent
DISSENTING OPINION.
Statement. — On or about the 7th of February, 1903, one Walter L. Leek, of Warrenton, Warren county, this state, became a member of the defendant Older and under date of February 7, 1903, defendant *687issued to Leek a membership certificate in which it is set out, “that in consideration of the membership fee and one advance assessment, one monthly per capita tax and reserve fund for one month in advance and the representations, statements and answers made in the application for membership, a copy of which application is hereto attached and made a part hereof, the Modern…
2Cases cited39 opinions
- Benne v. SchneckoSupreme Court of Missouri · 1889
- Westerman v. Supreme Lodge Knights of PythiasSupreme Court of Missouri · 1906
- Hanford v. Massachusetts Benefit Ass'nSupreme Court of Missouri · 1894
- Ewing v. ShannahanSupreme Court of Missouri · 1892
- McDonald v. Bankers Life Ass'nSupreme Court of Missouri · 1900
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