Cooley v. Gilliam
Supreme Court of Kansas
Error from Shawnee district court; Alston W. Dana, judge. STATEMENT. This was an action upon a joint beneficiary certificate issued by the National Aid Association to William A. Gilliam and Maggie A. Gilliam, payable to the survivor upon an assessment to be made on the members of the association, for the sum of $2000 or so much as should be derived from the assessment.
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Error from Shawnee district court; Alston W. Dana, judge. STATEMENT. This was an action upon a joint beneficiary certificate issued by the National Aid Association to William A. Gilliam and Maggie A. Gilliam, payable to the survivor upon an assessment to be made on the members of the association, for the sum of $2000 or so much as should be derived from the assessment. The action was commenced on January 10, 1908, by R. C. Gilliam, as the guardian of the minor children of Maggie A. Gilliam. He alleged that William A. Gilliam died on August 30, 1900, leaving Maggie A. Gilliam as beneficiary,…
1Opinion of the Court
The opinion of the court was delivered by
Benson, J.:
The findings are sufficient to sustain the conclusions of law and the judgment. The defendants contend, however, that several of these findings are not supported by the evidence. Other questions will be first considered.
There was no error in denying the motion to strike the second amended petition from the files because the title of administrator had been substituted for that of guardian. (Reed v. Cooper, adm’r., 30 Kan. 574; Service v. Bank, 62 Kan. 857.) The omission of a formal order of substitution was immaterial; the denial of the…
2Cases cited12 opinions
- Day v. . RothNew York Court of Appeals · 1858
- Gerrish v. New Bedford Institution for SavingsMassachusetts Supreme Judicial Court · 1880
- Williamson v. YagerCourt of Appeals of Kentucky · 1891
- Annie Service v. Farmington Savings BankSupreme Court of Kansas · 1900
- Benson v. BatteySupreme Court of Kansas · 1904
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3Cited by8 opinions
- Agassiz & Odessa Mutual Fire Insurance v. MagnussonSupreme Court of Minnesota · 1965
- Jennings v. JenningsSupreme Court of Kansas · 1973
- Williams v. Missouri Valley Bridge & Iron Co.Supreme Court of Kansas · 1922
- Harlan v. LoomisSupreme Court of Kansas · 1914
- Allbert v. AllbertSupreme Court of Kansas · 1938
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