Sovereign Camp, Woodmen of the World v. Downing
| Decision Date | 11 March 1918 |
| Docket Number | No. 2138.,2138. |
| Parties | SOVEREIGN CAMP, WOODMEN OF THE WORLD, v. DOWNING et al. DOWNING v. DOWNING et al. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Pemiscot County; Sterling H. McCarty, Judge.
Bill of interpleader by the Sovereign Camp, Woodmen of the World, against Betty Downing and C. O. Downing and Frank Downing. From the judgment, Betty Downing appeals. Reversed, and cause remanded, with directions.
M. O. Morris and N. C. Hawkins, both of Caruthersville, for appellant. Phillips & Phillips, of Caruthersville, for respondents.
The plaintiff filed a bill of interpleader in the circuit court of Pemiscot county setting forth that it is a fraternal benefit association organized under the laws of Nebraska and authorized to do business in Missouri; that on January 28, 1908, plaintiff issued to Henry N. Downing a benefit certificate by which it agreed to pay on the death of the assured to Betty Downing, his wife, $1,000; that he procured a change of beneficiary in said certificate and caused plaintiff to cancel the original certificate and issue a new one in lieu thereof naming C. 0. Downing and Frank Downing, assured's children by a former wife, as beneficiaries; that the assured died on October 28, 1916; and the bill alleges that both Betty Downing, and her two stepsons, above named, are claiming the full amount of the insurance, the former under the original certificate, and the two sons of the assured under the last certificate issued. The two sons, C. 0. Downing and Frank Downing, answered admitting the incorporation of the plaintiff as averred and that it is a fraternal benefit society authorized to do business in Missouri, and alleged that the by-laws of the plaintiff permit a change of beneficiary on request of a member, and alleged that the assured procured a change of the beneficiary and that a new certificate was issued to him naming them as beneficiaries, asking judgment for the full amount of the policy. Betty Downing in her pleading set up the issuance of the original certificate in which she was named as beneficiary on the death of the assured, recited that the certificate was turned over to her and that she paid the premiums until the death of the assured out of her own funds, denied that the plaintiff was ever incorporated under the laws of Missouri or received a license to do business in this state under our fraternal insurance law, alleged that the assured wrongfully procured the certificate from her and undertook to cause a change in the beneficiary, denied that there was a lawful change of beneficiary, and sets up claim to the full amount. The court rendered a judgment in her favor for $245, being the amount she paid in premiums, and gave judgment for C. 0. Downing and Frank Downing for the balance.
The whole question turns on the right of the assured under the pleadings and evidence to cause a change in theneneficiary in the certificate which had been issued to him by the plaintiff association. The evidence clearly shows that prior to his death the assured called for the clerk of the lodge and had him make a memorandum on the original certificate that the beneficiary was changed from Betty Downing to C. 0. Downing and Frank Downing, and it is further shown that the association issued a new certificate in compliance with his direction. Neither the by-laws nor constitution of the plaintiff association was introduced in evidence. If, however, it was a fraternal benefit association and had complied with the laws of Missouri in procuring a license, the method the assured took of changing the name of the beneficiary was sufficient to accomplish it. Knights of Maccabees v. Altmann, 134 Mo. App. 363, 114 S. W. 1107.
The court evidently thought the plaintiff had not issued an old line policy but a fraternal benefit certificate, and, following the case of Grand Lodge, A. 0. U. W., v. McFadden, 213 Mo. 209, 111 S. W. 1172, gave judgment to Betty Downing for the premiums she had paid in keeping the certificate alive. If the plaintiff is a fraternal benefit association having complied with the Missouri law, no fault can be found with the judgment. The trouble, however, with the case is that there is no competent evidence that the plaintiff is such an association. It has been held in a number of cases that in...
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