80 Mo. App. 64 | Mo. Ct. App. | 1899
The Supreme Lodge Knights and Ladies of Honor is a fraternal benevolent order incorporated in Indiana as the successor of a Missouri and Kentucky corporation having similar objects. Helena Schworm became a member of the order August 16, 1890, while it was working under charters obtained in Missouri and Kentucky, and received a benefit certificate, payable one-fourth to Henry Schworm, and threer fourths to others for whom he was named as trustee. On the twenty-eighth of July, 1893, this benefit certificate was surrendered and a new one issued payable to Henry Schworm, which was likewise surrendered on the sixteenth of January, 1897, and a third one issued, payable to Ida Schworm, now Ida Geisler. On March 10, 1898, Mrs. Schworm died and the order brought the fund into court for a decision of the rival claims thereto Henry .Schworm and Ida Geisler. An interpleading was had, wherein the said Henry Schworm based his claims upon an alleged agreement had with the deceased member before her admission to the order that she -would join the same and take out for his use a benefit certificate for $2,000, reserving for himself the sick benefits and social advantages derived from the order, provided he would pay all dues and assessments resulting from her membership. The claim of Ida Geisler was predicated upon the benefit certificate in her favor and a denial of the aforesaid alleged agreement. Upon the hearing the court; decreed the fund to Ida Geisler. Henry Schworm appealed.
The first question raised by the appeal is whether or not the preponderance of the testimony shows that the agreement set up as the basis of the claim of Henry Schworm was executed on his part ? For if this does not appear by the weight
The impression made upon us by the entire testimony is that the deceased intended when she joined the order to give Henry Schworm a proportional interest in the benefit certificate which would accrue upon her membership, as a mark of her interest and affection for him, he being at that time a young man of nineteen residing at her home, and treated as one of the family; that with this in view she caused the original certificate to be made payable one-fourth to him and three fourths to certain smaller children; that she afterwards had a second certificate made out in his favor alone, but when he subsequently left her home and became indebted to her in a considerable sum for borrowed money and proved unthrifty in his business avocation, she changed her purpose and surrendered that certificate and took out one in favor of her own daughter, deeming that she acted generously to her stepson, and determining to transfer the sum in question in the channel of natural affection to her own daughter.
We have not discussed the admissibility of the testimony of Ida Geisler for the reason that no exception was saved at the
Neither have we discussed the question as to whether Henry Schworm belonged to any of the classes to whom under the law benefit certificates may be made payable; or whether the order in question is, under the circumstances in this record, governed by the laws of Indiana or Missouri, for these questions are wholly immaterial in the view forced upon us by this record that he (Henry Schworm) has not shown compliance on his part with the contract set up as the foundation of his claim to the fund mentioned in the benefit certificate.
Our conclusion is that the decree of the trial court was for the right party, and it will be affirmed.