Clinton v. Modern Woodmen of America
Supreme Court of Arkansas
Appeal from Yell Circuit Court, Dardanelle District; M. L. Davis, Judge; 1. It was error to direct a verdict. When there is any evidence tending to establish an issue in favor of the party against whom the Verdict is directed, a trial court should not take the case from the jury. 89 Ark. 3; 84 Id. 57; 77 Id. 556; 63 Id. 94. On appeal this court will take that view of the evidence most favorable to the party against whom the verdict is directed. 89 Id. 372; 73 Id. 561; 76 Id.…
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Appeal from Yell Circuit Court, Dardanelle District; M. L. Davis, Judge; 1. It was error to direct a verdict. When there is any evidence tending to establish an issue in favor of the party against whom the Verdict is directed, a trial court should not take the case from the jury. 89 Ark. 3; 84 Id. 57; 77 Id. 556; 63 Id. 94. On appeal this court will take that view of the evidence most favorable to the party against whom the verdict is directed. 89 Id. 372; 73 Id. 561; 76 Id. 520. Delivery or non-delivery of a policy is a question for a jury. 97 Id. 232. The trial court was influenced solely…
1Opinion of the CourtSmith, J.
Appellant brought suit to recover upon a certificate of insurance issued in her favor upon the life of Walter W. Clinton, her husband. The company against which judgment was prayed is a fraternal beneficiary society, and defended the suit upon numerous grounds. Among other defenses, interposed was that Clinton, in his written application to become a member of the defendant society, had given his assent that his application should be governed by the by-laws of the society, and that no claim of benefit should be made by himself, or his beneficiary, until his application for membership had been…
2Cases cited2 opinions
- Peebles v. Eminent Household of Columbian WoodmenSupreme Court of Arkansas · 1914
- Woodmen of the World v. HallSupreme Court of Arkansas · 1912
3Cited by4 opinions
- Sovereign Camp Woodmen of the World v. NewsomSupreme Court of Arkansas · 1920
- Mosaic Templars of America v. HearonSupreme Court of Arkansas · 1922
- Kansas City Life Insurance v. RidoutSupreme Court of Arkansas · 1921
- Pate v. Modern Woodmen of AmericaSupreme Court of Arkansas · 1917