Londry v. Sovereign Camp of Woodmen of the World
Missouri Court of Appeals
Appeal from tbe Jackson Circuit Court. — Hon. John Q-. Park, Judge. (1) Tbe defendant Woodmen of tbe World cannot defend this case on tbe ground that plaintiff was not named beneficiary in accordance with its by-laws. Because it agreed in its contract not to do so. Because it agreed in a subsequent by-law that it would not contest its payment on that ground after tbe policy bad been in force five years.
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Appeal from tbe Jackson Circuit Court. — Hon. John Q-. Park, Judge. (1) Tbe defendant Woodmen of tbe World cannot defend this case on tbe ground that plaintiff was not named beneficiary in accordance with its by-laws. Because it agreed in its contract not to do so. Because it agreed in a subsequent by-law that it would not contest its payment on that ground after tbe policy bad been in force five years. Williams v. Insurance Co., 189 Mo. 70; Levine v. Knights of Pythias, 122 Mo. App. 547. Because, by its pleading, it has waived tbe right to do so. What constitutes a waiver. Murmann v.…
1Opinion of the CourtBroaddus, P. J.
This suit is to recover on a benefit certificate issued by the Woodmen of the World to William H. Nall, for the beneficiary therein named Malvina E. Nall, .his mother, on the 16th day of July, 1894.. The insured died in March, 1906, in good standing having paid all his dues to the society up to that time. Mrs. Nall, the beneficiary, died within a few days thereafter.
The plaintiff claims the benefit of the insurance on the following grounds, viz.: That during the fall of 1895, she received and accepted an offer of- marriage from the insured; that at all times since said date said insured…
2Cases cited3 opinions
- Coleman v. Supreme Lodge, Knights of HonorMissouri Court of Appeals · 1885
- Head v. Supreme Council of Catholic Knights of AmericaMissouri Court of Appeals · 1895
- Grand Lodge, Ancient Order of United Workmen v. O'MalleyMissouri Court of Appeals · 1905
3Cited by3 opinions
- Modern Woodmen of America v. HeadleSupreme Court of Vermont · 1914
- Jackson v. Brotherhood of American YeomenMissouri Court of Appeals · 1912
- Brotherhood of Locomotive Firemen & Enginemen v. GintherWyoming Supreme Court · 1926