Shinholser v. Henry
Supreme Court of Georgia
Interpleader. Before Judge Mathews. Bibb superior court. April 28, 1920. To the facts appearing from the decision of the court in the syllabus, supra, it may be added that the substituted beneficiaries alleged (among other things) in their pleading, and contended in their motion for new trial, that the uncontradicted evidence showed that Mrs. Henry was not the daughter of Sam D. Shinholser, the benefit-certificate holder, deceased, and had never been legally adopted by him…
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Interpleader. Before Judge Mathews. Bibb superior court. April 28, 1920. To the facts appearing from the decision of the court in the syllabus, supra, it may be added that the substituted beneficiaries alleged (among other things) in their pleading, and contended in their motion for new trial, that the uncontradicted evidence showed that Mrs. Henry was not the daughter of Sam D. Shinholser, the benefit-certificate holder, deceased, and had never been legally adopted by him and was not legally dependent upon him at the time the certificate was issued, and at the time of his death she was not…
1Opinion of the CourtFish, C. J.
1. The objection that the beneficiary named in a certificate issued by a fraternal beneficiary order was ineligible under its by-laws can be raised only by the order itself; and. an admission of liability on the part of the order, and payment of the fund into court, is a waiver of any objection to the beneficiary. Johnson v. Knights of Honor, 53 Ark. 255 (13 S. W. 794, 8 L. R. A. 732) ; Knights of Honor v. Watson, 64 N. H. 517 (15 Atl. 125); Tepper v. Royal Arcanum, 61 N. J. Eq. 638 (47 Atl. 460, 88 Am. St. R. 449); Maguire v. Maguire, 59 App. Div. 143 (69 N. Y. Supp. 61); Markey v. Supreme…
2Cases cited17 opinions
- Johnson v. Van EppsIllinois Supreme Court · 1884
- Spencer v. . MyersNew York Court of Appeals · 1896
- Pennsylvania Railroad v. WolfeSupreme Court of Pennsylvania · 1902
- Johnson v. Knights of HonorSupreme Court of Arkansas · 1890
- Dell v. VarnedoeSupreme Court of Georgia · 1918
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