Reed v. Bankers Union of the World
Missouri Court of Appeals
Appeal from Greene Circuit Court. — No». James T. Neville, Judge. (1) By. the express terms of the benefit certificate in this case, the policy, the articles of incorporation, constitution and by-laws, rules and regulations of the defendant, and the application for membership, including the physician’s report, constitute the exclusive contract between the defendant, the member, and the beneficiary.
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Appeal from Greene Circuit Court. — No». James T. Neville, Judge. (1) By. the express terms of the benefit certificate in this case, the policy, the articles of incorporation, constitution and by-laws, rules and regulations of the defendant, and the application for membership, including the physician’s report, constitute the exclusive contract between the defendant, the member, and the beneficiary. And members of a fraternal association are conclusively presumed to know its laws. Harvey v. Grand Lodge, 50 M'o. App. 472; Coleman v. Knights of Honor, 18 Mo. App. 189; Grand Lodge v. Eisner, 26…
1Opinion of the CourtBland, P. J.
(after stating the facts). — Plaintiff maintained on the trial, that defendant received and kept the May and June assessments on the policy. Defendant introduced evidence tending to show that these assessments were temporarily retained for the purpose of giving Mrs. Reed credit for them and reinstating her and *426the policy, on condition that she would sign and return a certificate of good health in proper form, and that as soon as it was ascertained that Mrs. Reed was dead, it returned the amount of the assessments to plaintiff. The learned trial judge found that defendant did not return the…
2Cases cited4 opinions
- First National Bank of Los Angeles v. MaxwellCalifornia Supreme Court · 1899
- West v. PlattMassachusetts Supreme Judicial Court · 1879
- Andrus v. Fidelity Mutual Life InsuranceSupreme Court of Missouri · 1902
- Knarston v. Manhattan Life InsuranceCalifornia Supreme Court · 1899
3Cited by9 opinions
- Francis v. Supreme Lodge Ancient Order of United WorkmenMissouri Court of Appeals · 1910
- Stewart v. SpaldingHawaii Supreme Court · 1916
- Manning v. Connecticut Fire InsuranceMissouri Court of Appeals · 1913
- Jaggi v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1915
- Carl v. National Fidelity Life Insurance Co.Missouri Court of Appeals · 1955
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