Coplin v. Woodmen of the World
Mississippi Supreme Court
Appeal from the circuit court of Monroe county. Hon. J. H. Mitchell, Judge. Suit by J. Solomon Coplin against the Woodmen of the World. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. Any misstatement of the age of the deceased, W. E. Coplin, will not avoid the beneficiary- certificate, and the peremptory instruction, for that reason, should not have been given.
Read the full summary
Appeal from the circuit court of Monroe county. Hon. J. H. Mitchell, Judge. Suit by J. Solomon Coplin against the Woodmen of the World. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. Any misstatement of the age of the deceased, W. E. Coplin, will not avoid the beneficiary- certificate, and the peremptory instruction, for that reason, should not have been given. Code 1906, section 2676. The plaintiff below was entitled to have considered all the facts in evidence as absolutely true, every inference from them to maintain the issue. If…
1Opinion of the CourtReed, J.
Appellant brought suit against appellee to recover, as beneficiary, the amount of an insurance policy, or certificate, issued by appellee on the life of William E. Copeland. When appellant had introduced all of his testimony and rested his case, appellee, defendant in the court below, presented the following motion:
“The defendant moves the court to exclude the testi-money offered by the plaintiff in this case, because the insured, William E. Copeland, in his application to the company, warranted all his answers contained in the application to be true, and that, if they were not true, any…
2Cases cited5 opinions
- Smith v. . United States Casualty Co.New York Court of Appeals · 1910
- Fidelity Mutual Life Insurance v. MiazzaMississippi Supreme Court · 1908
- Co-operative Life Ass'n v. LefloreMississippi Supreme Court · 1876
- Miller v. GeorgeSupreme Court of South Carolina · 1889
- Schaffer v. Levenson Wrecking Co.Supreme Court of New Jersey · 1911