The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1904-01-20
Insurance Society Cannot Hold
Member on Amendments To
Which He Did Not Agree.
APPELLATE COURT DECISION.
Same Tribunal Holds That Party
to Bet Cannot Withdraw
From Wager After Il
Is Decided.

Inc court OF Appeals DECIDED yesterday
that an insurance society cannot amend
its col stitution so as to interfere with the
essential provisions of the contract Of in
Surance without the consent OF members
insured.
TIL ruling was made in the case of
Harve W. Sisson. Who obtained judgment
in the Circuit Court of Pix County
against the Supr.m. Court of Honor. a
benefit association. for 500 for injuries 10
his left hand. The Appellate Court af-
tirrnCG the Judgment.
When SiSSon became a member of the
association the constitution provided that
If Il member lose a foot or hand 10y acct
dent fe shall receive 5n.-fourth If the
amount If the certificate Of membership
at the time. the remainder being uayable
at his death.
AMENDED THE BYLAWS.
The bylaw ~relating To this matter was
afterwards amended by adding that am
putation at or above the ankle or wrist
should t. 4 condition Of payment.
The evidence showed that Sissnn's hand
was not amputated. but 50 badly injured
as To b. ractically useless.
Presiding Judge Bland. who wrote the
Appellate Court opinion. stated that stipu-
iatonS in = contract of insurance Ike the
one at hand, in which a member agrees
10 comply with future bylaws and req
!ations, mean that the memter will com
ply with such bylaws, rules and ~regula-
tons as relate to his duties as a member
of the association. but do not mean that
the society may interfere with the essen
tial provisions of the contract of insur-
ginC4 and that IL iG ,,u-n,fagz h. - H..
or otherwise. to change or mostly the es-
sentials Of the contract without the ex-
press consent of the member.
DID NOT AGREE TO CHANGE.
Sisson said that he did not consent TO
the change in the bylaws and did not
know that any change had been mace in
the constitution until after he received his
injury.
Judge Bland held that the condition of
Sisson's hand made it equivalent to its
loss.
Judges Reyburn ana Go"de concurred.
CANNOT WITHDRAW FROM BET.
The Appellate Court affirmed the hiding
Of thu Circuit Court OF Monroe County.
which decided against \. q. Dooiey. Who
sued W. X. =. Jackson for &ah. which he
h=t with II +. Mudd ON asrrimary elec-
ton. Dooley lost the bet and notified Jack
son. who WAS stakeholder. not to pay he
money 1" Mudd. jackson. however. paid
Mudd ;hs money. Judge BLAND. VINO wrote
thS opinion. said that a wager on the re
suit Of an election is Illegal at common
law, because against public policy. but
mat when IN" losing party to the Illegal
contract remains silent until the contract
y executed ~ the determination of the
result upon which tn" wager vas made.
ne cannot recover his part ~ the stake.
| M. evidence shows The lrI.n stated
that the plaintiff put off the day OF re-
pentence un'il the common law closed the
door of hope against him. JUDGES Rey-
hurn and Goode corcurred.
REWARD FOR CRIMINAL.
The decision of the Rails County Cir
cult Court awarding Il 1eward for the
capture and conviction Of Il murderer to
John W. Stephens was affirmed. The re-
ward was offered FOR the capture of the
man who killed Marcus u. McRae in
April. 1852. and who was also robbed
Stephens. who was Deputy Sheriff Of
Monroe County. was informed by William
Ies;erlan that Il negro was seen to board
a train near Winters Mil the morning
following the murder.
stephens suspected that the negro was
Jesse johnson and traced him /" Milan.
where he was arrested by G"orE" I. Car
ter, Marshal 81 Milan, ON a ttitgrom from
stephens. The latter obtained u Confts-
sion ri the murder from johnson and then
turned ann over to the Sheriff Of kall+
COUNTY. Johnson WIS convicted ana
STEPHENS. carter and resteman claimed
The reward 1e-tcman abandoned tn" case
alter the decision III the Circuit Court, but
cater Appealed.
Judge ,Ioyd.. who wrote the opinion for
the Appellate Court. said that, although
Testernan gave tn" first information. Ia
did not to.IuN the matter no. and that
Carter made the arrest a. alent for Ste
llsr$. l4 ,J.4gt .Nlflt==,t ITssll~e ttl
The manner il which stephens worked Up
the case. and devoted his time ana spent
his money in thu interest OF justice.
Judges Biauu ana livybuIE c1HCurrsu.
DECISION MODIFIED.
Attorney =. J. ODonohoe obtained d
modification of the decision in the case
Of Mrs. Annie LAWN again. the Ancient
order of United Wotkm.u. ami the .Iit
WAS Icmand,d Tor Il uvN trIll. Mrs. Lawn
Is suing tor $3.50 tor the death Of ncr
husband. Patrick Lawn. are obtained
Tor tn amuunt II No. = OF The
CIrcuIt Court. hut the Court of Appea-S
referred il. Attorney U.Dou"los. VINO rep
rtSeats Mrs. LAWN. file = motion for d
su-1 the case again, with thu result; that
eno, her tGIa! WAS ordered.
btGsT decisions HcT": !
APP: CLARK county. reversed ana geInaEi.l.
e, A ar aSe T. ka n,sg Omit TiZH affirm ID Golden
". Il McGTr. app. y. James II. Smith =,
al. rr,p.. Monroe county: reversed ant re-
Ellen &. spauldirg. app. y. CITY Of Edna.
rep Knox County. affirmed.
Se"'lald county: reversed ana renamed, with
directions.
Nv Judr, Gooi,:
Ge'rag " whstssetson. resp; vs., St: LII
CUNT! reversed anu rcmandet-
,8 G j. Orr ..r, 'rs%. y 5 .,d -, L0f F.s ct n.
NtrS'l ana .sDlg-l.4 with Ql:tttlDIS.
susan Niui- resir. vs. thomas larry. resp:
Knox COUNTY reversed ana FeInuhl"I
John \ Whites:ie. resp. V Guy NJ Long
act". DIT Joseph :. Tail. app: clark coun-
state x RI ! j. Mckinney. u +. rs. John
a Puiiiam ct al. T. Z. Ripple, County. al
e. F Matthews, resp. v. William \. Wal
city II Louisiana. app. -. Harriet Shat
resp louisiana Court Of common Peas.
III r. W. J H.nkle. pet. V John : 81
- al. resp. haheas corpus "ei.tion"r
J. c. Jordan. etc. app. james F. Ynwe1.
Jitf IS b. F. Vaughn, resp Monroe Count.
John W. secrtst. resp. ". Ne son E4hank.
lef. Fannie Enbank. inter, app: shelbT
rGun;y, affirmed and reuaanded-
ola shy, app. ". simeon shy: Pike County
lfhrm,d in rart: reversed in Part ~
= al. resp: Crawfard county: reversed and
'eIIan5ed. vita directions
II W Croker Snpe COMPANY. resp, rs
Ioha : Fry. app. Louisiana touri az tomE'oa
jacob r Rodgers q, al. app. vs.. William
|. Powell e, al; Montgomery county; apHea!
The Warlcr. Bushnell. Glcssnsr Company.
esp V. Henry \. Libby, arp: Pix COUNTY:
Eiithla !. Richie. rem. y Home Insurance
ZEN Miles. ct A.. app: PIKE Cu-i5: afnrmeu.
j. j. Alexander. resp. V. Charles Wade.