Supreme Lodge K. of P. v. Connelly
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. H. A. Si-iarpe. Action by Francis Connelly as beneficiary, against the Supreme Lodge Knights of Pythias of the World, under a mutual benefit insurance policy issued by defendant. Judgment for plaintiff and .defendant appeals. Count 4 as amended was demurrable. — Assur.
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Appeal from Birmingham City Court. Heard before Hon. H. A. Si-iarpe. Action by Francis Connelly as beneficiary, against the Supreme Lodge Knights of Pythias of the World, under a mutual benefit insurance policy issued by defendant. Judgment for plaintiff and .defendant appeals. Count 4 as amended was demurrable. — Assur. Go. v. McGlatcher, 115 Ala. 213. The court erred in sustaining demurrers to plea 2. — Fraternal U. v. Zeigler, 145 Ala. 287; Supreme Gommandry v. Ainsworth, 74 Ala. 36. On these authorities, it is insisted that the court erred in its other rulings on the pleadings. It is also…
1Opinion of the CourtMoCLELLAN, J.
To John M. Connelly, who died in 1906, was issued in 1895 an insurance certificate, for $1,000, by the insurance department [endowment rank] of the fraternal order known as the Knights of Pythias of the World. The monthly due or assessments due. from him on his policy contract were fully paid by him *304until that maturing for June, 1903. That month’s assessment was not paid, as will appear from the statement to follow; so under the rules of the order, which, in part, became a part of the contract, his insurance was treated by the order as having ceased because of the forfeiture asserted to have…
2Cases cited8 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Syndicate Insurance v. CatchingsSupreme Court of Alabama · 1893
- Supreme Lodge, Knights of Honor v. DavisSupreme Court of Colorado · 1899
- United States Life Insurance v. LesserSupreme Court of Alabama · 1899
- California Ins. v. GraceySupreme Court of Colorado · 1890
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