Knights of Maccabees of the World v. Gordon
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court; Allen Hughes, Judge; ■i. If fraud is established, the judgment should be vacated; if the showing made is not sufficient to establish fraud, the judgment should nevertheless be vacated on the ground tof unavoidable mistake.
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Appeal from Mississippi Circuit Court; Allen Hughes, Judge; ■i. If fraud is established, the judgment should be vacated; if the showing made is not sufficient to establish fraud, the judgment should nevertheless be vacated on the ground tof unavoidable mistake. Kirby’s Digest, § 4431, subdiv. 7; 73 Ark. 281; 63 Ark. 323. 2. Appellant alleged a good and conclusive defense in this: the original complaint is based upon verbal promises by an alleged agent, against which was produced the application in writing of the insured for an entirely different contract from that alleged in the complaint;…
1Opinion of the CourtBatteE, J.
In 1905 Maggie Gordon commenced an action against the Knights of the Maccabees of the World in the circuit court of Mississippi County, for -the Osceola District, and filed a complaint as follows:
The plaintiff states:
“1. That she was the wife of William R. Gordon, who died January 14, 1905.
“2. That the defendant is a fraternal society, clothed with the authority to issue certificates and policies of insurance upon the lives of individuals.
“3. That about the 20th day of November, 1904, the defendant sent its agent in the person -of William Welcher, to the said William R. Gordon, and -solicited…
2Cases cited2 opinions
- Hunton v. EuperSupreme Court of Arkansas · 1896
- Lorscher v. Supreme Lodge Knights of HonorMichigan Supreme Court · 1888
3Cited by14 opinions
- Miller v. SchlerethNebraska Supreme Court · 1949
- Quigley v. HammondSupreme Court of Arkansas · 1912
- Hare v. Fort Smith & Western RailroadSupreme Court of Arkansas · 1912
- Haville v. PearrowSupreme Court of Arkansas · 1961
- Sovereign Camp Woodmen of the World v. WilsonSupreme Court of Arkansas · 1918
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