Johnson v. Hall
Supreme Court of Arkansas
APPEAL from Monroe Circuit Court. Matthew T. Sanders, Judge. This was an ordinary insurance policy, and the assured had no right to change the beneficiaries unless expressly authorized by the contract, or the articles of association or bylaws of the society. Bishop on Cont., secs. 746-7; 52 Ark., 201-206; 11 N. E. Rep., 449; Bacon, Ben. Societies, 257; 34 N. W. Rep., 470 ; 31 Fed. Rep., 177. The brotherhood was purely a benevolent organization.
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APPEAL from Monroe Circuit Court. Matthew T. Sanders, Judge. This was an ordinary insurance policy, and the assured had no right to change the beneficiaries unless expressly authorized by the contract, or the articles of association or bylaws of the society. Bishop on Cont., secs. 746-7; 52 Ark., 201-206; 11 N. E. Rep., 449; Bacon, Ben. Societies, 257; 34 N. W. Rep., 470 ; 31 Fed. Rep., 177. The brotherhood was purely a benevolent organization. The amount to be paid does not vest in the beneficiary until death of insured. Bacon, Ben. Soc., sec. 306, et seq.
1Opinion of the CourtHughes, J.
B. Johnson, Banks Johnson and Nannie Johnson, by their guardian J. L. Johnson, sued the appellee Robert B. Hall for money had and received.
The facts in the case are, substantially as found by the circuit court, as follows : That Ellen M. Trotter in 1884 became a member of the Knights and Ladies of Universal Brotherhood and obtained a benefit certificate issued under the laws and regulations of said society, by which it agreed to pay, at her death, a certain sum of money to her children. That at the time she obtained said certificate she had four children, viz.: Charlie, Henderson, Edgar and…
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