Smith v. Grand Lodge A. O. U. W.

Decision Date02 April 1907
PartiesSMITH v. GRAND LODGE A. O. U. W. OF MISSOURI et al.
CourtMissouri Court of Appeals

The Court of Appeals cannot take judicial notice that an insurance society is a fraternal association, as alleged in its bill of interpleader, as against a claimant, alleging that the society is an old line life insurance company.

Appeal from St. Louis Circuit Court; Moses N. Sale, Judge.

Action by Laura S. Smith against the Grand Lodge Ancient Order of United Workmen of Missouri and others. From an order sustaining a bill of interpleader filed by defendant lodge, defendant J. I. Fowler, as administrator of the estate of Mary A. Smith, deceased, appeals. Reversed and remanded.

The appeal is from a judgment on the pleadings, whereby a cross-bill of interpleader filed by the Grand Lodge Ancient Order of United Workmen was sustained, and the appellant administrator was ordered to interplead, with others, for the fund in controversy, which fund the Grand Lodge was directed to pay into the registry of the court and discharged with its costs, attorney's fee, etc., from further responsibility with respect thereto. The facts out of which the controversy arose are somewhat involved. In order, therefore, to elucidate the matter, we will state them in extenso:

About February 6, 1886, Phillip M. Smith, now deceased, became associated with the Ancient Order United Workmen, through its subordinate lodge at Kirksville, Mo., as a result of which association, he received therefrom its benefit certificate, by the provisions whereof said order agreed to pay, on certain contingencies therein named, $2,000 to his then wife, Mary A. Smith, beneficiary, in event of his prior death. Said Mary A. Smith died October 26, 1892. The insured, Phillip M. Smith, thereafter intermarried with the plaintiff in this suit, and on May 17, 1904, departed this life without having made any other or further designation of a beneficiary under said certificate of insurance. After his death, plaintiff, Laura S. Smith, asserted a claim to the insurance mentioned as his widow, and, at the same time, Mrs. Minnie Fowler and Mrs. Alma S. Dodson, married daughters of the said Phillip M. Smith, by his prior wife, asserted a claim to the same fund, apparently under an alleged agreement with their father, whereby they were to pay the assessments on the certificate and at his death receive the benefit. About the same time appellant, J. I. Fowler, qualified as administrator of Mary A. Smith, deceased, asserted a claim to the same fund, and, it seems, $21.50 more than the Grand Lodge admitted to be due on the certificate. The administrator predicated his claim upon the theory that the Grand Lodge is an old line insurance company. In view of these claims asserted, as they were, by the several parties, the Grand Lodge declined to take any affirmative action whatever toward the liquidation of the outstanding certificate, and, therefore, on August 12, 1902, plaintiff widow, Laura S. Smith, instituted this suit in the circuit court of the city of St. Louis on said certificate against the Grand Lodge for the sum of $2,000. Her petition avers that the Grand Lodge is a fraternal association, organized and existing under the laws of Missouri; that she was the wife of Phillip M. Smith, and is now his widow; his death, etc.; that in February, 1886, her said husband became a member of the order, and received a certificate from it, whereby it promised to pay to his then wife, Mary A. Smith, $2,000, upon his prior death, etc.; that the benefit certificate is not in plaintiff's possession or control, and therefore she is unable to file the same with the petition; that said Mary A. Smith died October 26, 1892; that said Mary A. Smith was, at the time of the issuance of the certificate, and at her death, the wife of the insured, etc.; that it was at all times provided in the by-laws of the order, which were part of the contract, in the event of the death of all the beneficiaries designated by the member, before the death of the member insured, and such insured had made no other or further disposition thereof, as provided by the laws of the order, the benefit should be paid to the widow, unless the member should leave surviving him a wife and minor children of a marriage prior to that of such wife, in which case the benefit should be paid—one-third to such surviving widow and two-thirds thereof to the minor children; that Phillip M. Smith, in his lifetime, complied with all of the by-laws, etc., of the order, and died while in good standing, leaving surviving him no minor child or children by a prior marriage; that after his death she had fully performed all conditions as to notice, proof of death, etc., and that such Grand Lodge refused to pay her the said $2,000, or any part of the same, for the reason that the benefit was claimed by Alma S. Dodson and Minnie Fowler, both being adult and married daughters of her said husband; wherefore she prays judgment, etc.

On September 5, 1904, the plaintiff, J. I. Fowler, administrator, filed his suit in the circuit court of Adair county on the same cause of action against the Grand Lodge, and on September 18, 1904, the two daughters, Alma S. Dodson and Minnie Fowler, instituted their joint suit in the circuit court of Adair county against the Grand Lodge, on the same cause of action. The Grand Lodge filed an answer and cross-bill of interpleader in the suit of plaintiff widow. Later it filed its supplemental bill in the cause, setting up the essential facts, and prayed an injunction against said administrator and Alma S. Dodson and Minnie Fowler, restraining them from the further prosecution of said suits in Adair county during the pendency of the interpleader proceedings. To the answer and cross-bill, a demurrer was interposed and sustained, and thereafter the said Grand Lodge, by leave of court, filed its amended answer and cross-bill of interpleader in said cause, which, omitting caption, is as follows:

"Now comes the said defendant, Grand Lodge, Ancient Order of United Workmen, of Missouri, and for its separate amended answer to plaintiff's petition, and by leave of court, admits that it issued the benefit certificate referred to in plaintiff's petition. And for further amended answer to plaintiff's petition, this defendant denies each and every allegation therein contained. And for further amended answer to plaintiff's petition, and by way of amended cross-petition herein, defendant states as follows, to wit:

"(1) This defendant is and was at the times hereinafter stated, a corporation duly incorporated May 11, 1882, under the provisions of article 10 of chapter 21 of the Revised Statutes of the state of Missouri of 1879, entitled `Benevolent, Religious, Scientific, Educational, and Miscellaneous...

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