Travelers' Protective Ass'n of America v. Gilbert
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Arkansas. On November 8, 1898, Mary J. Gilbert, the appellee, commenced an action at law in the circuit court for the Eastern district of Arkansas to recover from the Travelers’ Protective Association, the appellant, the sum of $5,000, alleged to be due her as beneficiary in a membership certificate issued by the association to her husband in his lifetime.
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Appeal from the Circuit Court of the United States for the Eastern District of Arkansas. On November 8, 1898, Mary J. Gilbert, the appellee, commenced an action at law in the circuit court for the Eastern district of Arkansas to recover from the Travelers’ Protective Association, the appellant, the sum of $5,000, alleged to be due her as beneficiary in a membership certificate issued by the association to her husband in his lifetime. The summons was duly served by delivering a true copy thereof to one Bass, stated in the return of the marshal to be the secretary of the local subordinate lodge…
1Opinion of the CourtAdams, District Judge
• Two propositions were settled by the judgment of this court in the former case (41 C. C. A. 180, 101 Fed. 46), namely, that the service of process as made upon the defendant in the legal action was sufficient to subject it to the jurisdiction of the court In that case, and that the complaint in the legal action stated a good and meritorious cause of action, notwithstanding the fact that the certificate of membership sued on was not filed with it. This leaves but three important facts alleged in the present bill as grounds for equitable interference, namely, First. That the plaintiff in the…
2Cases cited19 opinions
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Insurance Co. v. WolffSupreme Court of the United States · 1877
- Brown v. County of Buena VistaSupreme Court of the United States · 1877
- Home Benefit Assn. v. SargentSupreme Court of the United States · 1892
- Deweese v. ReinhardSupreme Court of the United States · 1897
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3Cited by10 opinions
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- Mechanics' Ins. Co. of Philadelphia v. C. A. Hoover Distilling Co.Court of Appeals for the Eighth Circuit · 1909
- Fidelity & Casualty Co. v. First Bank of FallisSupreme Court of Oklahoma · 1914
- Kieffer v. Kinney-Coastal Co.Court of Appeals for the Eighth Circuit · 1925
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