Supreme Lodge of Pathfinder v. Johnson
Court of Appeals of Texas
Appeal from District Court, Bowie County ; W. T. Armistead, Judge. Action by Emma Johnson against the Supreme Lodge of the Pathfinder and another. From a judgment for plaintiff, defendants appeal.
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Appeal from District Court, Bowie County ; W. T. Armistead, Judge. Action by Emma Johnson against the Supreme Lodge of the Pathfinder and another. From a judgment for plaintiff, defendants appeal. On December 31, 1900, the Supreme Lodge of the Pathfinder, a fraternal beneficiary association, issued to Charles L. Johnson, who was a member of the order, a benefit certificate in the sum of $2,000. The certificate designated Mrs. Emma Johnson, the wife of insured, as the beneficiary, and provided that the sum stated was to be payable to her “upon satisfactory proof of death of said member.” The…
1Opinion of the CourtLevy, J.
(after stating the facts as above).
[1, 2] It is contended by appellants, under proper assignments, that under the issues and proof in this case there should have been no recovery by appellee. As to whether the defense that the certificate of insurance was forfeited for nonpayment of dues at the time of the death of the insured can be sustained must depend upon the time it should be said from the evidence that the insured died. The burden of proof was upon the ap-pellee, in order to recover on the certificate, to show the time at which the insured died and that at the time of his death the…
2Cases cited1 opinion
- Davie v. BriggsSupreme Court of the United States · 1878
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- Fink v. Prudential Insurance Co. of AmericaOregon Supreme Court · 1939
- Sovereign Camp, W. O. W. v. BodenCourt of Appeals of Texas · 1926
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