Legal Opinion

Basye v. Adams

Court of Appeals of Kentucky

Decided June 16, 1883PublishedCited by 26 opinions

Case 58 — INSURANCE APPEAL FROM LOUISVILLE CHAXCBRY COURT. 1. If, by the charter of the National Mutual Benefit Association, the beneficiaries are not confined to any particular class, and the assured himself may have an interest which the charter does not expressly prohibit him from assigning, then he has the power to appoint, by assignment, some one else to receive the benefits of the policy. 2. The beneficiaries under the charter are not fixed or certain. 3. There is…

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Case 58 — INSURANCE APPEAL FROM LOUISVILLE CHAXCBRY COURT. 1. If, by the charter of the National Mutual Benefit Association, the beneficiaries are not confined to any particular class, and the assured himself may have an interest which the charter does not expressly prohibit him from assigning, then he has the power to appoint, by assignment, some one else to receive the benefits of the policy. 2. The beneficiaries under the charter are not fixed or certain. 3. There is nothing that confines the benefits to the members’ “ family,” and it is not competent to so limit the beneficiaries by…

1Opinion of the Court

JUDGE LEWIS

DELIVERED TIIE OPINION OF THE COURT.

September 13, 1878, the National Mutual Benefit Association, in consideration of the payment by him of six dollars membership fee, two dollars annual fee, and his agreement *370to pay the further sum of two dollars on each anniversary of his membership, and three dollars within thirty days after the death of any member of the association, issued and delivered to J. R. Throckmorton a certificate of life membership, in which it was agreed by the association to pay to the estate of Throckmorton, within sixty days after proof of his death, such sum as…

2Cases cited1 opinion

  1. Rosenblatt v. JohnstonSupreme Court of the United States · 1882

3Cited by26 opinions

  1. Mutual Life Insurance v. AllenMassachusetts Supreme Judicial Court · 1884
  2. Price v. Supreme Lodge Knights of HonorTexas Supreme Court · 1887
  3. Steinback v. . DiepenbrockNew York Court of Appeals · 1899
  4. Crosswell v. Connecticut Indemnity Ass'nSupreme Court of South Carolina · 1897
  5. Mutual Life Ins. Co. of New York v. BufordSupreme Court of Oklahoma · 1916

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