Masons' Fraternal Accident Ass'n v. Riley
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court. John M. Elliott, Judge. The proper proceeding, under the terms of the policy, would be a suit in equity, for specific performance of the contract to make an assessment for the payment of the policy. 24 Fed. 685; 114 111. 108; 72 la. 191; 50 Mo. 29. If an action at law were proper upon such a contract, the complaint fails to state facts sufficient to constitute a cause of action, because: (1) It fails to allege a breach of the covenant to…
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Appeal from Jefferson Circuit Court. John M. Elliott, Judge. The proper proceeding, under the terms of the policy, would be a suit in equity, for specific performance of the contract to make an assessment for the payment of the policy. 24 Fed. 685; 114 111. 108; 72 la. 191; 50 Mo. 29. If an action at law were proper upon such a contract, the complaint fails to state facts sufficient to constitute a cause of action, because: (1) It fails to allege a breach of the covenant to make the assessment, etc. 3 Enc. PI. & Pr. 653; 5 ib. 369, 370; 3 ib. 655; 5 ib. 376; 60 Cal. 341; Bacon, Ben. Soc. §…
1Opinion of the Court
Battle J.
This action was instituted by W. Riley, as administrator of J. H. Culpepper, deceased, against the Masons’ Fraternal Accident Association, and is based on the obligation of the association, called a certificate, whereby it constituted J. H. Culpepper one of its certificate holders, and agreed to pay to his executors or administrators the sum of five thousand dollars in the event he should die from bodily injury caused by external, violent, and accidental means, within ninety days after the accident so causing it, upon condition, however, that this sum was not to be paid unless the…
2Cases cited3 opinions
- Greenfield v. . People of the State of N.Y.New York Court of Appeals · 1881
- Woolfolk v. StateSupreme Court of Georgia · 1889
- Brown v. BrownIndiana Supreme Court · 1885
3Cited by1 opinion
- Mutual Relief Assn. v. WeatherlySupreme Court of Arkansas · 1927