Brotherhood of Locomotive Firemen & Enginemen v. Cravens
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Dcrniel Hon, Judge; STATEMENT BY THE COURT. W. E. Cole was a member of the order of Brotherhood of Locomotive Firemen and Enginemen (the appellant), a fraternal organization doing business in this State on a lodge basis, and maintained by the assessment of its members. W. E. Cole held a benefit certificate or policy for $1,500, which at his death was payable to J. C. Moss, a half-brother.
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Appeal from Sebastian Circuit Court, Fort Smith District; Dcrniel Hon, Judge; STATEMENT BY THE COURT. W. E. Cole was a member of the order of Brotherhood of Locomotive Firemen and Enginemen (the appellant), a fraternal organization doing business in this State on a lodge basis, and maintained by the assessment of its members. W. E. Cole held a benefit certificate or policy for $1,500, which at his death was payable to J. C. Moss, a half-brother. A clause of the constitution and by-laws of the order provides: í£If a beneficiary member in good standing shall become afflicted with consumption of…
1Opinion of the Court
Wood, J.,
(after stating the facts). 1. Appellant contends that Moss was a necessary party, and that the court erred in overruling its motion to have him made a party. The constitution and by-laws of a fraternal order become a part of the contract of insurance and are binding on the order unless inconsistent with the terms of the benefit certificate. Supreme Royal Circle of Friends of the World v. Morrison, 105 Ark. 140. The clause of th^ Constitution entitling the member to the amount of his certificate when he became afflicted with consumption m its last stage, is not in conflict with any…
2Cases cited8 opinions
- Metropolitan Life Insurance Company v. ShaneSupreme Court of Arkansas · 1911
- St. Louis & San Francisco Railroad v. KilpatrickSupreme Court of Arkansas · 1899
- St. Louis, Iron Mountain & Southern Railway Co. v. WilsonSupreme Court of Arkansas · 1902
- Brotherhood of Locomotive Firemen & Enginemen v. AdaySupreme Court of Arkansas · 1911
- Scott v. MooreSupreme Court of Arkansas · 1909
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3Cited by1 opinion
- Moore v. ThomasSupreme Court of Arkansas · 1918