Bange v. Supreme Council Legion of Honor
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court — Eon. William M. Kinsey, Judge. (1) The .defense of suspension for the non-payment of dues has been' waived by defendant denying liability and defending on other grounds. This defense comes too late on second trial in the circuit court. Carp v. Queen Ins. Co., 116 M'o. App. 543; Mining Co. v. Fidelity & Casualty Co., 126 Mo. App. 104; Dolan v. Town Mutual Fire Ins. Co., 88 Mo.
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Appeal from St. Louis City Circuit Court — Eon. William M. Kinsey, Judge. (1) The .defense of suspension for the non-payment of dues has been' waived by defendant denying liability and defending on other grounds. This defense comes too late on second trial in the circuit court. Carp v. Queen Ins. Co., 116 M'o. App. 543; Mining Co. v. Fidelity & Casualty Co., 126 Mo. App. 104; Dolan v. Town Mutual Fire Ins. Co., 88 Mo. App. 666. (2) The issue of the certificate and Bange’s death were proven upon the trial and the same made a prima facie right of recovery in appellant. Mulroy v. Knights, 28…
1Opinion of the CourtNortoni, J.
This is a siiit on a certificate of life insurance. The finding and judgment were for defendant and plaintiff prosecutes the appeal. The case was reviewed by the court on a former appeal. [See Bange v. Supreme Council Legion of Honor, 128 Mo. App. 461, 105 S. W. 1092.]
Defendant is a mutual benefit society operating under the lodge system of government and plaintiff’s husband, Julius A. Bange, became a member of its local lodge, Irving Council No. 2, in the year 1902. Upon becoming associated with the order, it issued to him its certificate of insurance on his life payable at his death to his…
2Cases cited4 opinions
- Carp v. Queen InsuranceMissouri Court of Appeals · 1906
- Porter v. German-American InsuranceMissouri Court of Appeals · 1895
- Bange v. Supreme Council Legion of HonorMissouri Court of Appeals · 1907
- Settle v. Farmers & Laborers Co-Operative InsuranceMissouri Court of Appeals · 1910
3Cited by3 opinions
- Bange v. Supreme Council Legion of HonorMissouri Court of Appeals · 1913
- People's State Savings Bank v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1915
- Turney v. United Railways Co.Missouri Court of Appeals · 1911