Grand Lodge of Knights of Pythias v. Whitehead
Supreme Court of Arkansas
Appeal from Dallas Circuit Court; Henry W. Wells, Judge; The burden was on the plaintiff to show that deceased wí s in good standing at the time of his death. 23 Mo.
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Appeal from Dallas Circuit Court; Henry W. Wells, Judge; The burden was on the plaintiff to show that deceased wí s in good standing at the time of his death. 23 Mo. App. 268: 72 Ark. 47. 1. Provisos in a policy of insurance are stipulations added to the principal contract to avoid the promise of the insurer,, by way of defeasance or excuse; and in an action thereon it is incumbent on the insurer to allege them in defense and support them by evidence. 25 Cyc. 927; 4 D. R. A. (N. S.) 636, 638. 2. A prima facie case was made when the policy of insurance Was introduced, and the death of the…
1Opinion of the CourtHile, C. J.
This is an action by C. W. Whitehead, as administrator of the estate of O. D. Wright, deceased, against the “Grand Lodge of the State of Arkansas, -Knights of Pythias of North .America, South America, Europe, Asia, Africa and Australia,” to recover upon an endowment policy issued to the said O. D. Wright. It is alleged that O. D. Wright died on the 27th of December, 1906, and Whitehead was, on the 15th of April, 1907, appointed administrator of his estate by the probate court of Dallas County, and duly qualified as such; and that O. D. Wright was, on the 27th of October, 1905, a member in…
2Cases cited2 opinions
- Royal Circle v. AchterrathIllinois Supreme Court · 1903
- Siebert v. Supreme Council of the Order of Chosen FriendsMissouri Court of Appeals · 1886
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