Grand Lodge of Colored Knights of Pythias v. Seay
Mississippi Supreme Court
Appeal from the circuit court of "Warren county. Hon. H. C. Mounger, Judge. Suit by Leotine Seay against the Grand Lodge of Colored Knights of Pythias. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. After reviewing all the evidence and the law, the determining question in this case, considered on its merits, is whether or not. under the laws of the order, the contract of Seay had matured.
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Appeal from the circuit court of "Warren county. Hon. H. C. Mounger, Judge. Suit by Leotine Seay against the Grand Lodge of Colored Knights of Pythias. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. After reviewing all the evidence and the law, the determining question in this case, considered on its merits, is whether or not. under the laws of the order, the contract of Seay had matured. To reach the correct result we must look to the contract itself. It is elementary, and needs no argument, that the policy and Constitution and…
1Opinion of the CourtSmith, C. J.
The peremptory instruction requested by appellant should have been given. This suit, which was instituted upon a policy held in appellant’s order by Thomas Seay, was instituted more than five years after his death, and it appears without material conflict, in the competent testimony, that he' died within thirty days after the issuance of the policy, and that the by-laws then in force provided that no liability should attach to the order on its policies until after the expiration of thirty days from their issuance.
Reversed, and cause dismissed at the cost of appellee both here and in the court…
2Cited by2 opinions
- Ex parte MartinCourt of Criminal Appeals of Texas · 1932
- Boudreaux v. StateMississippi Supreme Court · 1936