Legal Opinion

Clinton v. Modern Woodmen of America

Supreme Court of Arkansas

Decided July 3, 1916PublishedCited by 4 opinions

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

  1. Peebles v. Eminent Household of Columbian WoodmenSupreme Court of Arkansas · 1914
  2. Woodmen of the World v. HallSupreme Court of Arkansas · 1912

3Cited by4 opinions

  1. Sovereign Camp Woodmen of the World v. NewsomSupreme Court of Arkansas · 1920
  2. Mosaic Templars of America v. HearonSupreme Court of Arkansas · 1922
  3. Kansas City Life Insurance v. RidoutSupreme Court of Arkansas · 1921
  4. Pate v. Modern Woodmen of AmericaSupreme Court of Arkansas · 1917

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