McDonald v. Humphries
Supreme Court of Arkansas
Appeal from Ouachita Circuit Court. Mrs. Caroline McDonald brought suit against C. B. Humphries and wife, Buey A. Humphries, and the American Beg'ion of Honor, a mutual life insurance society, upon a benefit certificate for $2000, issued on the life of Joseph McDonald, one-half for the benefit of plaintiff, his wife, and one-half for the benefit°of defendant, Buey A. Humphries, sister of plaintiff.
Read the full summary
Appeal from Ouachita Circuit Court. Mrs. Caroline McDonald brought suit against C. B. Humphries and wife, Buey A. Humphries, and the American Beg'ion of Honor, a mutual life insurance society, upon a benefit certificate for $2000, issued on the life of Joseph McDonald, one-half for the benefit of plaintiff, his wife, and one-half for the benefit°of defendant, Buey A. Humphries, sister of plaintiff. The complaint alleged that deceased held originally a benefit certificate for the sum of $2000 payable to herself. Becoming embarrassed, he applied to defendant, C. B. Humphries, to pay the dues…
1Opinion of the CourtMansfield, J.
The judgment appealed from awards to the defendant, C. B. Humphries, no greater part of the fund deposited in court than the original complaint admitted his right to. The remainder of the fund was given to the plaintiff, and she thus obtained all her suit was brought to recover. But, after the defendants had answered, she amended her complaint so as to demand the whole amount of the policy remaining unpaid. And her contention here is that the defendant, C. B. Humphries, is estopped to claim any part of it by facts admitted in the original answer. But if that pleading may be properly construed…
2Cases cited1 opinion
- Johnson v. Knights of HonorSupreme Court of Arkansas · 1890
3Cited by5 opinions
- Premium Financing Specialists, Inc. v. LindseyDistrict Court, E.D. Arkansas · 1981
- Webster v. TelleSupreme Court of Arkansas · 1928
- Zolintakis v. OrfanosCourt of Appeals for the Tenth Circuit · 1941
- Longer v. CarterSupreme Court of Arkansas · 1912
- Field v. TynerSupreme Court of Arkansas · 1924