Hall v. Allen
Mississippi Supreme Court
Eeom the chancery court of Warren county. Hon. Claude Pintard, Chancellor. The facts appear in the briefs of counsel, which are published in full by order of the court.
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Eeom the chancery court of Warren county. Hon. Claude Pintard, Chancellor. The facts appear in the briefs of counsel, which are published in full by order of the court. Statement of the ease. — George M. Seay, who was an employe of the Yazoo & Mississippi Valley Railroad Company, with headquarters at Memphis, Tennessee, but whose residence was in Bartow county, Georgia, was, on the first of January, 1895, a member of the Hill City Lodge No. 460, of the Brotherhood of Locomotive Firemen, located at Vicksburg, Mississippi. He had taken out a policy of insurance on his life in the order, in the…
1Opinion of the CourtWhitfield, J.
The payment of the money into the bank had the effect to remit the legal question of who was the rightful claimant of the fund arising from the benefit certificate, to the court. It had no effect as between the rival claimants, but it did operate a waiver by the order, so far as its rights were concerned, of conformity of the change in the benefit certificate to the provisions of section 66 of the constitution of the grand lodge, so long, at least, as the order did not appear as a party resisting the payment. The order is no party here; does not setup such want of conformity, and no other…
2Cases cited4 opinions
- National Ass'n of the National American Ass'n v. KirginMissouri Court of Appeals · 1887
- Knights of Honor v. WatsonSupreme Court of New Hampshire · 1888
- Brown v. MansurSupreme Court of New Hampshire · 1886
- Schmidt v. Iowa Knights of Pythias InsuranceSupreme Court of Iowa · 1891
3Cited by21 opinions
- Finn v. WalshNorth Dakota Supreme Court · 1909
- Knights of Maccabees of the World v. SackettMontana Supreme Court · 1906
- Holden v. Modern Brotherhood of AmericaSupreme Court of Iowa · 1911
- Garrett v. GarrettCalifornia Court of Appeal · 1916
- Faulkner v. FaulknerMississippi Supreme Court · 1942
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