National Mutual Benefit Ass'n v. Jones
Court of Appeals of Kentucky
Case 16 — PETITION ORDINARY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. Forfeitures provided by the charters of insurance companies for the failure.to pay assessments promptly will be strictly enforced. (St. Louis Mu. Life Ins. Co. v. Grigsby, 10 Bush, 315; Cators v. Am. Life Ins. Co., 33 N. J. L„ 489.) 2. In order that a custom may form part of a contract, it must be certain and uniform, and it must appear that the parties contracted with reference to it.
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Case 16 — PETITION ORDINARY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. Forfeitures provided by the charters of insurance companies for the failure.to pay assessments promptly will be strictly enforced. (St. Louis Mu. Life Ins. Co. v. Grigsby, 10 Bush, 315; Cators v. Am. Life Ins. Co., 33 N. J. L„ 489.) 2. In order that a custom may form part of a contract, it must be certain and uniform, and it must appear that the parties contracted with reference to it. (Caldwell vs. Dawson, 4 Met., 125; Kendall v. Russell, 5 Dana, 502.) 3. The evidence relied on to establish the custom pleaded by plaintiff…
1Opinion of the Court
•JUDGE LEWIS
DELIVERED THE OPINION OP THE COURT.
Appellees, tlie widow and children of Thomas Jones, deceased, brought an action to recover on a policy of insurance issued for their benefit in his name February 18, 1879, by appellant, The National Mutual Benefit Association, a corporation created by act of the General Assembly, approved April 27, 1878, and ’ judgment having been rendered in their favor for '$3,317.48 the company has appealed, and they also prosecute a cross-appeal.
As the amended answer conformed to the facts proved, did not substantially change the defense, and the filing of it…
2Cited by12 opinions
- Harvey v. Grand Lodge of Ancient Order of United WorkmenMissouri Court of Appeals · 1892
- Glens Falls Insurance Company v. ElliottCourt of Appeals of Kentucky (pre-1976) · 1928
- National Council Junior Order United American Mechanics of the United States v. ThomasCourt of Appeals of Kentucky · 1915
- National Mutual Benefit Ass'n v. MillerCourt of Appeals of Kentucky · 1887
- National Life & Accident Insurance v. RansdellCourt of Appeals of Kentucky (pre-1976) · 1935
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