Herzberg v. Modern Brotherhood of America
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. James Gibson, Judge. (1) Respondent is not a fraternal beneficiary association as defined by Missouri laws. R. S. 1899, secs. 1408-1410; State ex rel. v. O’Rear, 144 Mo. 157; Baltzell v. Modern "Woodmen, 98 Mo. App. 153; Bacon, Ben. Societies, sec. 3-99; Barsfield v. M. W. of A., 88 Mo. App. 208; Barsfield v. Maccabees, 92 Mo. App. 102; McDonald v. Ins. Co., 154 Mo. 618; Aloe v. Ins.
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Appeal from Jackson Circuit Court. — Hon. James Gibson, Judge. (1) Respondent is not a fraternal beneficiary association as defined by Missouri laws. R. S. 1899, secs. 1408-1410; State ex rel. v. O’Rear, 144 Mo. 157; Baltzell v. Modern "Woodmen, 98 Mo. App. 153; Bacon, Ben. Societies, sec. 3-99; Barsfield v. M. W. of A., 88 Mo. App. 208; Barsfield v. Maccabees, 92 Mo. App. 102; McDonald v. Ins. Co., 154 Mo. 618; Aloe v. Ins. Co., 164 Mo. 675; Logan v. Casualty Co., 146 Mo. 114. (2) Suicide as pleaded is not a defense. R. S. 1899, sec. 7896. (3) Misrepresentations as pleaded are no defense and…
1Opinion of the CourtEllison, J.
— This action is to recover the amount alleged to be due on a benefit certificate issued to plaintiff’s deceased husband. The trial court gave several instructions for either party. The judgment was for defendant and plaintiff appeals.
The real contest between the parties to this controversy is whether the defendant can properly claim to be an insurance company known to the laws of this State at this time as a fraternal beneficiary association. If it belongs to that class, it is exempt from some stringent provisions of our statute governing general life insurance. The statute as to general…
2Cases cited5 opinions
- Masonic Benevolent Ass'n v. BunchSupreme Court of Missouri · 1891
- Keener v. Grand LodgeMissouri Court of Appeals · 1889
- McDonald v. Bankers Life Ass'nSupreme Court of Missouri · 1900
- Aloe v. Fidelity Mutual Life Ass'nSupreme Court of Missouri · 1900
- Baltzell v. Modern Woodmen of AmericaMissouri Court of Appeals · 1903
3Cited by19 opinions
- Young v. Railway Mail Ass'nMissouri Court of Appeals · 1907
- Gruwell v. National Council Knights & Ladies of SecurityMissouri Court of Appeals · 1907
- Dennis v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1906
- Brotherhood of American Yeomen v. ManzArizona Supreme Court · 1922
- Kribs v. United Order of ForestersMissouri Court of Appeals · 1915
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