National Mutual Benefit Ass'n v. Heckman
Court of Appeals of Kentucky
Case 38 — PETITION ORDINARY APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. The liability of the company being limited to the amount that might be realized by assessment, the judgment should have been that the company make an assessment, and not for a sum in gross. Evidence of verbal agreements entered into before or at the time of the execution of a written contract, but not embraced therein, is not admissible to alter or vary the written contract.
1Opinion of the Court
JUDGE BENNETT
delivered the opinion op the court.
On the twenty-fourth day of October, 1882, in consideration of certain written representations made by George H. Heckman, and the payment of certain fees to the appellant and his promise to pay certain other fees at stated periods, he was enrolled as a member of the appellant, and received its certificate of member-, ship, in which certificate the appellant agreed to pay to his, George H. Heckman’s, mother, within sixty days after proof of his death, such sum as should be realized from an assessment on all surviving members of the division of…
2Cases cited1 opinion
- Insurance Co. v. MowrySupreme Court of the United States · 1878
3Cited by2 opinions
- Globe Rutgers Fire Insurance Co. v. McIntoshCourt of Appeals of Kentucky (pre-1976) · 1929
- Citizens Trust & Guaranty Co. v. Farmers BankCourt of Appeals of Kentucky · 1915