Supreme Lodge of the Fraternal Brotherhood v. Jones
Court of Appeals of Texas
Appeal from District Court, Fannin County; Ben H. Denton, Judge. Action by Ida F. Jones against the Supreme Lodge of the Fraternal Brotherhood. From a judgment for plaintiff, defendant appeals. Appellant issued to William H. Jones a benefit certificate for $2,000, payable at his death to his wife. On August 5, 1910, the insured died of apoplexy. He had paid all assessments required. This suit was brought by the wife to recover the amount of the benefit certificate.
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Appeal from District Court, Fannin County; Ben H. Denton, Judge. Action by Ida F. Jones against the Supreme Lodge of the Fraternal Brotherhood. From a judgment for plaintiff, defendant appeals. Appellant issued to William H. Jones a benefit certificate for $2,000, payable at his death to his wife. On August 5, 1910, the insured died of apoplexy. He had paid all assessments required. This suit was brought by the wife to recover the amount of the benefit certificate. The defense was: (1) That certain of the answers made by the insured in his application for membership, and warranted to be true,…
1Opinion of the CourtLevy, J.
(after stating the facts as above). [1] All the assignments of error in effect present the only controversy that the statements of the insured in both his application and the medical report for insurance were warranties and material to the risk assumed by appellant, and, because false and fraudulently made, the benefit certificate sued on is void and no recovery can be had thereon. All questions of fact were decided by the court against the contention of appellant, and are fully warranted by the evidence. It is true, we think, that the statements made by the insured should be held as…
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