Borgraefe v. Supreme Lodge, Knights & Ladies of Honor
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Shepard» Barclay, Judge. Where the contract, as defined in the laws of the society, makes the payment of assessments, or the member’s being in “good standing,” a condition to the right of sharing in the benefit fund, a failure to pay such assessments, or to remain in. “ good standing,” will prevent a recovery on the certificate. Benevolent Society v. Baldwin, 86 Ill. 479; Madeira v. Mut. Ben. Soc., 16 Fed.
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Appeal from the St. Louis Circuit Court, Shepard» Barclay, Judge. Where the contract, as defined in the laws of the society, makes the payment of assessments, or the member’s being in “good standing,” a condition to the right of sharing in the benefit fund, a failure to pay such assessments, or to remain in. “ good standing,” will prevent a recovery on the certificate. Benevolent Society v. Baldwin, 86 Ill. 479; Madeira v. Mut. Ben. Soc., 16 Fed. Rep. 749; Zeigler v. Mutual Aid Ass'n, 1 McGrloin (La.) 284; Marcher v. Sup. Lodge, 137 Mass. 368; Knights Golden Rule v. Ainsworth, 71 Ala. 436 ;…
1Opinion of the CourtRombatter, J.
This cause was heretofore before the court, and its opinion is reported in 22 Mo. -App. 127, 148, where the rules of the defendant order, and evidence, bearing; upon the plaintiff ’ s right of recovery, are set out in detail. The rulings of the trial court on the evidence in the former trial, and its charge to the jury, were not then reviewed, because, on the hearing and first examination of the cause, we wer’e unanimously of opinion, that, upon th'e Tindisputed facts of the case, the plaintiff was not entitled to recover, regardless of any errors of the trial court. We, therefore, reversed…
Also in this document: Concurrence.
2Cases cited1 opinion
- Borgraefe v. Supreme Lodge, Knights & Ladies of HonorMissouri Court of Appeals · 1886
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- Miller v. United States Grand Lodge of Order Brith-AbrahamMissouri Court of Appeals · 1897
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