Masonic Benefit Ass'n v. Hoskins
Mississippi Supreme Court
Appeal from the chancery court of Yallabush county. Hon. I. T. Blount, Chancellor. Suit by Ann Hoskins against the Masonic Benefit Association. Decree for plaintiff and defendant appeals. The facts are as follows: One Morris Hoskins, the husband of appellee, procured a benefit certificate in the appellant association in the year 1895, which entitled his window, or his legal representatives, in the event of his death, to the sum of money here" sued for.
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Appeal from the chancery court of Yallabush county. Hon. I. T. Blount, Chancellor. Suit by Ann Hoskins against the Masonic Benefit Association. Decree for plaintiff and defendant appeals. The facts are as follows: One Morris Hoskins, the husband of appellee, procured a benefit certificate in the appellant association in the year 1895, which entitled his window, or his legal representatives, in the event of his death, to the sum of money here" sued for. The holder of each certificate was required to pay one dollar per month to the endowment fund. In the year 1904 certain by-laws of the…
1Opinion of the Court
Whitfield, 0.
We think the testimony offered to prove the by-laws, and the constitution of this order by the witness Kelley was rightly held incompetent by the court below. Herman v. Supreme Lodge K. of P., 66 N. J. Law 77, 48 Atl. 1000; Page v. Knights & Ladies (Tenn.), 61 S. W. 1068. But, under the peculiar circumstances of this case, we think, if that were controlling, that the chancellor should have remanded the case and permitted competent proof to be taken.
But we'think the chancellor was further correct in holding that, if the constitution and by-laws had been properly proven, the…
Also in this document: Per curiam.
2Cases cited6 opinions
- Morrison v. Wisconsin Odd Fellows' Mutual Life InsuranceWisconsin Supreme Court · 1884
- Starling v. Supreme Council Royal Templars of TemperanceMichigan Supreme Court · 1896
- Hobbs v. Iowa Mutual Benefit Ass'nSupreme Court of Iowa · 1891
- Murphy v. Independent Order of the Sons & Daughters of Jacob of AmericaMississippi Supreme Court · 1900
- Morgan v. Independent Order of Sons & Daughters of Jacob of AmericaMississippi Supreme Court · 1907
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