Supreme Lodge Knights of Honor v. Selby
Supreme Court of North Carolina
Appeal from Guión, J., at tbe February Term, 1910, of "WlLSON. Tbe Supreme Lodge Knigbts of Honor is a fraternal beneficiary association under tbe laws of tbe State of Missouri, issuing benefit certificates to its members.
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Appeal from Guión, J., at tbe February Term, 1910, of "WlLSON. Tbe Supreme Lodge Knigbts of Honor is a fraternal beneficiary association under tbe laws of tbe State of Missouri, issuing benefit certificates to its members. Tbe member lias tbe right to designate a beneficiary, but tbe right of revocation is reserved, and tbe. by-laws provide that, if all tbe beneficiaries designated by tbe member die before tbe decease of such member, if no other benefit certificate has been procured by him, tbe benefit shall be paid to tbe widow and children of tbe member, and if no widow, then to bis…
1Opinion of the Court
MaNNIN®, J.
In 4 Pomeroy’s Equity Jurisprudence (3rd Ed.), sec. 1322, the learned author thus states the essential elements required to invoke the equitable jurisdiction of the court by a bill of interpleader or a complaint as a substitute for the bill: “1. The same thing, debt or duty, must be claimed by both or all the parties against whom the relief is demanded. 2. All their adverse titles or claims must be dependent, or be derived, from a common source. 3. The person asking the relief — the plaintiff — must not have nor claim any interest in the subject- matter. 4. He must have incurred no…
2Cases cited13 opinions
- Knowles v. Norfolk Southern RailroadSupreme Court of North Carolina · 1889
- Ladd v. . LaddSupreme Court of North Carolina · 1897
- State Ex Rel. Whitford v. FoySupreme Court of North Carolina · 1871
- Halstead v. . MullenSupreme Court of North Carolina · 1885
- Mordecai v. DevereuxSupreme Court of North Carolina · 1876
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In Re Will of HowellSupreme Court of North Carolina · 1933
- METROPOLITAN LIFE INSURANCE COMPANY v. JordanDistrict Court, W.D. North Carolina · 1963
- Widows Fund of Sudan Temple v. UmphlettSupreme Court of North Carolina · 1957
- Ragan v. . RaganSupreme Court of North Carolina · 1923
- Inter-Southern Life Insurance v. McDanielTennessee Supreme Court · 1929
4 more not listed; retrieve them via the Exa API.