Legal Opinion

Supreme Lodge of Modern American Fraternal Order v. Watkins

Indiana Court of Appeals

Decided January 4, 1916No. 8,946PublishedCited by 1 opinion

From Superior Court of Marion County (91,-707); Clarence E. Weir, Judge. Action by Carrie E. Watkins against the Supreme Lodge of the Modern American Fraternal Order. From a judgment for plaintiff, the defendant appeals.

1Opinion of the CourtIbach, C. J.

*3851. 2. *384Error is assigned in the sustaining of demurrers to the second; third, fifth and sixth paragraphs of appellant’s answer to appellee’s complaint on a policy of life insurance issued by appellant on the life of Francis M.- Watkins. The second, fifth and sixth paragraphs allege a breach by Watkins of a promissory warranty by which he agreed that if he should use alcoholic liquor to excess, his contract should be forfeited, and that such breach of warranty was unknown to appellant until after Watkins’ death, and that it worked a forfeiture of the policy. Breaches of such promissory *385warranties…

2Cases cited3 opinions

  1. Supreme Tribe of Hur v. LennertIndiana Supreme Court · 1912
  2. Meldon v. CoxIndiana Court of Appeals · 1916
  3. Modern Woodmen of America v. YoungIndiana Court of Appeals · 1915

3Cited by1 opinion

  1. Meldon v. CoxIndiana Court of Appeals · 1916

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