Legal Opinion

American Insurance Union v. Manes

Supreme Court of Arkansas

Decided October 31, 1921PublishedCited by 5 opinions

Appeal from Searcy Circuit Court; J. M. Shmn, Judge; Tbe application upon which the policy was issued was a wagering contract, and against public policy. 98 Ark. 52; 222 S. ,W. 1067; 132 Ark. 458; 119 Ark. 498. The act of 1917, p. 2091, does not apply to mutual benefit associations not having a lodge system; neither is it retroactive.

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Appeal from Searcy Circuit Court; J. M. Shmn, Judge; Tbe application upon which the policy was issued was a wagering contract, and against public policy. 98 Ark. 52; 222 S. ,W. 1067; 132 Ark. 458; 119 Ark. 498. The act of 1917, p. 2091, does not apply to mutual benefit associations not having a lodge system; neither is it retroactive. Mutual Benefit Association v. Keller, 148 Ark. 361; 226 S. W. 525; 2 Joyce on Insurance, Secs. 1066 to 1071, inclusive; 104 U. S. 775-778, with Rose’s notes thereon; Ann. Cas. 1917C, p. 155; 14 R. C. L. 905 to 919, inclusive. ■ The application upon which the…

1Opinion of the CourtMcCulloch, C. J.

This is an action instituted on a life insurance policy or certificate of membership issued by the Home Protective Association, a domestic corporation, to Jesse Welborn, the plaintiff, J. H. Manes, being named as beneficiary. Welborn lived nearly four years after the policy was issued, and all of the premiums or assessments were paid up to his death. During his lifetime the defendant, American Insurance Union, a foreign corporation, entered into a contract with the Home Protective Association, whereby it took over all the memberships of the latter association and assumed its obligations to…

2Cases cited5 opinions

  1. Johnson v. Knights of HonorSupreme Court of Arkansas · 1890
  2. Langford v. National Life & Accident InsuranceSupreme Court of Arkansas · 1915
  3. Longer v. CarterSupreme Court of Arkansas · 1912
  4. Cotton v. Mutual Aid UnionSupreme Court of Arkansas · 1918
  5. Home Mutual Benefit Ass'n v. KellerSupreme Court of Arkansas · 1921

3Cited by5 opinions

  1. Home Life Ins. Co. of N.Y. v. MastersonSupreme Court of Arkansas · 1929
  2. Mutual Aid Union v. WhiteSupreme Court of Arkansas · 1924
  3. Obrist v. Grand LodgeSupreme Court of Kansas · 1927
  4. Laseter v. LaseterSupreme Court of Arkansas · 1923
  5. Mutual Aid Union v. StephensSupreme Court of Oklahoma · 1924

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