Legal Opinion

Grand Lodge Ancient Order of United Workmen v. Davidson

Supreme Court of Arkansas

Decided January 22, 1917PublishedCited by 9 opinions

Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; 1. The laws of the order were made a part of the contract and prohibited applicant from engaging in the business of selling, by retail, any intoxicating liquors'. This provision is valid. 80 Ark. 419; 81 Id. 512; 105 Id. 140; 52 Id. 202; 55 Id. 210; 98 Id. 421; 109 Id. 400; 87 N. W. 293; 16 Hun. 494. 2. There was no waiver. 104 Ark. 538, 544; 22 . Mo.

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Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; 1. The laws of the order were made a part of the contract and prohibited applicant from engaging in the business of selling, by retail, any intoxicating liquors'. This provision is valid. 80 Ark. 419; 81 Id. 512; 105 Id. 140; 52 Id. 202; 55 Id. 210; 98 Id. 421; 109 Id. 400; 87 N. W. 293; 16 Hun. 494. 2. There was no waiver. 104 Ark. 538, 544; 22 . Mo. App. 127. Officers cannot disregard the laws of the order. 105 Ark. 140-3; 16 Hun. 494. 3. Where the means of knowledge are equal, there is no estoppel; nor should…

1Opinion of the CourtHumphreys, J.

Appellant is a fraternal, benevolent association, incorporated under the laws of the State of Arkansas. Mrs. Lillie Davidson, appellee, is the widow of Chas. O. Davidson who held a beneficiary certificate payable to his wife, the appellee herein, for the sum of $1,000 in said order. Chas. O. Davidson died on the........day of December, 1914, a member in good standing of said order, having paid all his dues in said order on said certificate of insurance. In his application for membership he agreed “That if I should enter into the business or occupation of selling, by retail, intoxicating…

2Cases cited10 opinions

  1. Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
  2. Masonic Life Ass'n v. RobinsonCourt of Appeals of Kentucky · 1912
  3. Pringle v. Modern Woodmen of AmericaNebraska Supreme Court · 1906
  4. Supreme Tent v. VolkertIndiana Court of Appeals · 1900
  5. Peebles v. Eminent Household of Columbian WoodmenSupreme Court of Arkansas · 1914

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3Cited by9 opinions

  1. Sovereign Camp Woodmen of the World v. NewsomSupreme Court of Arkansas · 1920
  2. Sovereign Camp Woodmen of World v. RichardsonSupreme Court of Arkansas · 1921
  3. Sovereign Camp, Woodmen of the World v. CondrySupreme Court of Arkansas · 1932
  4. Mosaic Templars of America v. HearonSupreme Court of Arkansas · 1922
  5. Sovereign Camp Woodmen of the World v. PearsonSupreme Court of Arkansas · 1922

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