Ellerbe v. Barney
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. D. D. Eisher, Judge. (1) The association in question was doing a life insurance business on the assessment plan and its contracts are those of life insurance, just as much as the policies issued by the regular life insurance companies, hence the same rules applicable to life insurance contracts should be applied to this contract so far as possible.
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Appeal from St. Louis City Circuit Court. — Hon. D. D. Eisher, Judge. (1) The association in question was doing a life insurance business on the assessment plan and its contracts are those of life insurance, just as much as the policies issued by the regular life insurance companies, hence the same rules applicable to life insurance contracts should be applied to this contract so far as possible. Commonwealth v. Weatherbee, 105 Mass. 149; Farmer v. State, 69 Texas, 561; Berry v. Knights Templars, 46. Fed. Rep. 439; Masonic Aid Association v. Taylor, 50 N. W. Rep. (S. Da.) 93; Bolton v.…
1Opinion of the Court
Martin (Special Ridge).
This is an action brought by the superintendent of the insurance department of the state, as receiver of the Masonic Mutual Benefit Society of Missouri (a mutual insurance organization),to recover the amount of certain assessments levied upon the members of the association to pay death losses. The defendant was a member of the organization. Shortly before the receiver took charge, the directors of the company regularly levied against defendant assessments amounting to' $140.80, which assessments he refused to pay. The regularity of the assessments is admitted. The suit…
2Cited by13 opinions
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- Gibson v. MegrewIndiana Supreme Court · 1900
- Keily v. Knights of Father MatthewMissouri Court of Appeals · 1913
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