Supreme Lodge, Knights of Honor v. Davis
Supreme Court of Colorado
Appeal from, the District Court of Arapahoe County. This action was originally brought by Mrs. Luie Davis, as plaintiff below, against defendant (appellant here), on a benefit certificate issued by the latter to one J. R. Davis, in which she was designated the beneficiary. Plaintiff having died prior to the trial, her administrator was substituted.
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Appeal from, the District Court of Arapahoe County. This action was originally brought by Mrs. Luie Davis, as plaintiff below, against defendant (appellant here), on a benefit certificate issued by the latter to one J. R. Davis, in which she was designated the beneficiary. Plaintiff having died prior to the trial, her administrator was substituted. The defenses interposed are that she was not a legal beneficiary; that assured had misrepresented his age at the time he became a member of the order; that all rights under the certificate were forfeited by failure to pay the assessments thereon;…
1Opinion of the CourtJustice Gabbert
1. The application of appellant for leave to amend its answer, was granted, conditioned upon the payment of $100 for the use of plaintiff. The penalty imposed was paid, and the answer amended. The civil code, section 75, provides that for cause the court may, upon just terms, allow pleadings to he amended. Its action in this respect may be the subject of review in a proper case, but where the party making such application is granted leave conditionally, it is optional with him to accept or not, upon the terms imposed, and if he assents thereto by complying with such conditional order, and…
2Cases cited11 opinions
- Schwarzbach v. Ohio Valley Protective UnionWest Virginia Supreme Court · 1885
- Masonic Mutual Benefit Ass'n v. BeckIndiana Supreme Court · 1881
- Meyer v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1878
- California Ins. v. GraceySupreme Court of Colorado · 1890
- McGurk v. Metropolitan Life InsuranceSupreme Court of Connecticut · 1888
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3Cited by57 opinions
- Sovereign Camp Woodmen of the World v. NewsomSupreme Court of Arkansas · 1920
- Beals v. ConeSupreme Court of Colorado · 1900
- Trotter v. Grand Lodge of the Iowa Legion of HonorSupreme Court of Iowa · 1906
- Pittinger v. PittingerSupreme Court of Colorado · 1901
- Modern Woodmen of America v. ColmanNebraska Supreme Court · 1903
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