76 Mo. App. 387 | Mo. Ct. App. | 1898
This action is for damages for an alleged wrongful expulsion of the plaintiff from membership in the defendant order, which is a benevolent association engaged in providing funds for sick and distressed members, and also mortuary funds for appointees of its members. The defense is that plaintiff, after due notice of charges of fraudulently obtaining money for sick benefits, made no defense to such charges and was properly expelled. On the trial plaintiff had judgment for the amount of assessments paid on a benefit certificate issued on her life. Defendant appealed and assigns for error that the circuit court had no jurisdiction, in that plaintiff was not shown to have exhausted her rights to redress within the order before instituting the present suit.
It is well settled in this state that in a proper case damages equal to the amount paid as premiums or assessments may be recovered for breach of contracts of insurance. Suess v. Life Ins. Co., 64 Mo. App. 1. We do not understand that any complaint is made of