Carden v. . Sons and Daughters of Liberty
Supreme Court of North Carolina
Appeal by defendant from Stacy, J., at September Term, 1919, of DURHAM. Tbe plaintiff’s wife bad been a member of tbe defendant, a fraternal organization, for more than 8 years, paying ber dues for said period. Upon, ber death tbe plaintiff brought this action for $300 benefits under ber contract with said organization.
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Appeal by defendant from Stacy, J., at September Term, 1919, of DURHAM. Tbe plaintiff’s wife bad been a member of tbe defendant, a fraternal organization, for more than 8 years, paying ber dues for said period. Upon, ber death tbe plaintiff brought this action for $300 benefits under ber contract with said organization. Tbe defendant admits that the plaintiff’s wife was a member of said organization at ber death, but alleges that she was in arrears in tbe sum of $2.50 for nonpayment of assessments, and therefore was not “in good standing” and not entitled to recover. Tbe court submitted…
1Opinion of the CourtClark, C. J.
The defendant admitted that if Nettie Carden, the plaintiff’s wife, was a member of the defendant organization in good standing at the time of her death it would be liable in the sum of $300, but contended that she was in bad standing at the date of her death because she owed $2.50 dues at the date of her death. The plaintiff contended that though she owed the defendant $2.50 at ber death, this would not work a forfeiture for the reason that she bad never been notified of her arrears by the defendant, as it was its duty to do.
The refusal of the motion to nonsuit requires no discussion, for…
2Cases cited4 opinions
- Spruill v. Northwestern Mutual Life InsuranceSupreme Court of North Carolina · 1897
- Doggett Ex Rel. Doggett v. United Order of the Golden CrossSupreme Court of North Carolina · 1900
- Lyons v. Grand Lodge of Knights of PythiasSupreme Court of North Carolina · 1916
- Duffy v. Insurance Company.Supreme Court of North Carolina · 1906
3Cited by4 opinions
- Wilson v. Prudential Ins. Co. of AmericaMichigan Supreme Court · 1936
- Evans v. Junior Order United American MechanicsSupreme Court of North Carolina · 1922
- Winston-Salem Joint Venture v. City of Winston-SalemCourt of Appeals of North Carolina · 1981
- Hart v. Woodmen of the WorldSupreme Court of North Carolina · 1921