Fraternal Aid Union v. Whitehead
Mississippi Supreme Court
Appeal from circuit court of Hinds county. Hon. W. H. Potter, Judge. Action by Mrs. Julia A. Whitehead against the Fraternal Aid Union. Judgment for plaintiff, and defendant appeals. The testimony for both plaintiff and defendant neither raised nor left an issue for the jury and the court should have peremptorily found for the defendant or have so directed the jury.
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Appeal from circuit court of Hinds county. Hon. W. H. Potter, Judge. Action by Mrs. Julia A. Whitehead against the Fraternal Aid Union. Judgment for plaintiff, and defendant appeals. The testimony for both plaintiff and defendant neither raised nor left an issue for the jury and the court should have peremptorily found for the defendant or have so directed the jury. See: Continental Casualty Co. v. Harden-herg, 83 So. 278. The next error of the court upon which we rely for reversal of this case and judgment here, was that of overruling the demurrers of the defendant to plaintiff’s amended…
1Opinion of the CourtEthridge, J.
The appellee filed a suit against the appellant on a certificate of fraternal insurance issued upon the life of Hubert T. Whitehead, who came to his death by jumping or falling from a railway mail car on the Gulf & Ship Island Railroad Company.
The application for a certificate by Whitehead contained, among other things, the following stipulations:
“I hereby agree, in consideration of the issuance to me of a benefit certificate, that the contract between the Fraternal Aid Union and myself shall be this application, and the accompanying medical examination, and the benefit certificate to me and…
2Cases cited8 opinions
- Planters' Insurance v. MyersMississippi Supreme Court · 1877
- Stewart v. Coleman & Co.Mississippi Supreme Court · 1919
- Phenix Insurance v. BowdreMississippi Supreme Court · 1890
- Liverpool & London & Globe Insurance v. SheffyMississippi Supreme Court · 1894
- American Life Insurance v. MahoneMississippi Supreme Court · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Home Ins. Co. of N.Y. v. ThornhillMississippi Supreme Court · 1932
- Massachusetts Protective Ass'n v. CranfordMississippi Supreme Court · 1924
- &198tna Ins. Co. v. LesterMississippi Supreme Court · 1934
- Fidelity & Casualty Co. v. CrossMississippi Supreme Court · 1923
- Brotherhood of Railroad Trainmen v. WalkerMississippi Supreme Court · 1933
5 more not listed; retrieve them via the Exa API.