Tice v. Supreme Lodge K. P.

Citation204 Mo. 349,102 S.W. 1013
PartiesTICE v. SUPREME LODGE K. P.
Decision Date29 May 1907
CourtUnited States State Supreme Court of Missouri

Appeal from Circuit Court, St. Francois County.

Action by Madison M. Tice against the Supreme Lodge Knights of Pythias. A judgment in favor of defendant was affirmed by the St. Louis Court of Appeals (100 S. W. 519), by which the case was certified to the Supreme Court. Affirmed.

J. S. Clay and Pipkin & Swink, for appellant. R. P. & C. B. Williams, for respondent.

GRAVES, J.

This case reaches this court from the St. Louis Court of Appeals, for the reason that Bland, P. J., filed a dissenting opinion in which he asks that the cause be certified to this court, as, in his judgment, the majority opinion is in conflict with the case of Toomey v. Supreme Lodge K. of P., 147 Mo. 130, 48 S. W. 936, decided by this court.

The action is one upon a certificate of insurance issued by defendant to one of its members, John P. Tice, on July 25, 1898, and accepted by said Tice July 27, 1898. In the lower court judgment was for defendant, and plaintiff appealed. Said certificate was for the flat sum of $1,000, and was payable to plaintiff, Madison M. Tice, father of John P. Tice. The said John P. Tice committed suicide October 8, 1900. The following admissions were made by written stipulation at the trial: "That John P. Tice departed this life on the 8th day of October, 1900; that he committed suicide by shooting himself with a pistol; that after the issuance of said certificate and up to the time of his death he paid all monthy payments, dues, and assessments as required by said certificate and the laws of the order, and that after his death, to wit, on the 31st day of December, 1900, proofs of death were forwarded to the defendant at Chicago, Ill.; that said certificate has not been paid. It is further stipulated that, before this suit was brought, the defendant tendered to the plaintiff herein the sum of sixty-six dollars ($66) being the amount claimed by the defendant to be due under said policy or certificate, and since the institution of this suit has paid said amount this court, with its answer, and that amount is the true amount due on said policy of certificate if the contention of defendant is sustained by the court; that the defendant at the time of the issuance of the certificate here sued on, and at the time of the death of the said John P. Tice, defendant, had complied with the provisions of Act 1897, p. 132, required of foreign companies, and was authorized by the superintendent of insurance of the state of Missouri, to do business in this state under the act of 1897, as a fraternal beneficiary association. It is further stipulated that the defendant made an extra assessment upon all the members of the endowment rank in May, 1892, under the laws of said order, and made an extra assessment upon all the members of said rank in May, 1901, under the laws of said order."

Defendant denied liability, except as to $66, which it had previously tendered, and again tendered and paid into court with its answer. Liability was denied on the ground of suicide. The application for the certificate made and signed by John P. Tice contained this, among other provisions: "It is agreed that if death shall result by suicide, whether sane or insane, voluntary or involuntary, or if death is caused or superinduced by the use of intoxicating liquors or by the use of narcotics or opiates, or in consequence of a duel, or at the hands of justice, or in violation of or attempt to violate any criminal law, then there shall be paid only such a sum in proportion to the whole amount of the certificate as the matured life expectancy at the time of such death is to the entire expectancy at date of acceptance of the application by the board of...

To continue reading

Request your trial
14 cases
  • Claudy v. The Royal League
    • United States
    • Missouri Supreme Court
    • June 23, 1914
    ...the plaintiff was not entitled to recovery. In Schmidt v. Supreme Lodge Foresters, 228 Mo. 675, a like rule was announced, and the Tice case, supra, was cited, but it was held in the Schmidt case, because the defendant had not complied with the law authorizing it to do business in this Stat......
  • Schmidt v. Supreme Court, United Order of Foresters
    • United States
    • Missouri Supreme Court
    • May 31, 1910
    ...a thorough examination of statutory provisions and previous rulings thereon. The question here is different from Tice v. Knights of Pythias, 204 Mo. 349, 102 S. W. 1013, in this, that the certificate in the Tice Case was issued after the association had been licensed to do a fraternal benef......
  • Schmidt v. Supreme Court United Order of foresters
    • United States
    • Missouri Supreme Court
    • June 14, 1910
    ...previous rulings thereon. The question here is different from Tice v. Knights of Pythias, 204 Mo. 349, in this, that the certificate in the Tice case was issued after the association had licensed to do a fraternal beneficiary insurance business in this State. We had in mind in writing the T......
  • Travelers' Protective Ass'n of America v. Smith
    • United States
    • Indiana Supreme Court
    • December 9, 1914
    ...organized for profit, and that such associations are not subject to the provisions of the general insurance laws. Tice v. Knights, etc. (1907) 204 Mo. 349, 102 S. W. 1013;Westerman v. Supreme Lodge (1906) 196 Mo. 670, 94 S. W. 470, 5 L. R. A. (N. S.) 1114;Morton v. Royal Tribe (1902) 93 Mo.......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT