Murphy v. Independent Order of the Sons & Daughters of Jacob of America
Mississippi Supreme Court
Erom tbe chancery court, first district, of Hinds county. Host. H. 0. CoNN, Chancellor. Sophia Murphy, the. appellant, was the complainant, and the Independent Order of the Sons and Daughters of Jacob of America, a benevolent society, the appellee, was the defendant in the court below.
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Erom tbe chancery court, first district, of Hinds county. Host. H. 0. CoNN, Chancellor. Sophia Murphy, the. appellant, was the complainant, and the Independent Order of the Sons and Daughters of Jacob of America, a benevolent society, the appellee, was the defendant in the court below. One Delia Murphy, a daughter of appellant, joined the appellee society December 16, 1896. She received a benefit certificate, her mother, appellant, being named as the beneficiary, by which the society agreed to pay appellant, at the death of Delia, a sum of money, but the promise was upon the condition that…
1Opinion of the CourtWiiitpield, J.
Delia Murphy was not “nonfinancial” within the meaning of sec. 7, art. 5, and sec., 20 of same article, taken together, and construed strictly against forfeiture, for two reasons: first, she was not shown to be “three months in arrears,” as to fines; and second, she had not been “declared” nonfinancial. Two provisions of a similar order, strikingly like these, were construed not to work a forfeiture without a “declaration” to that end, in Scheufler v. Grand Lodge, 45 Minn., 261.
She was, then, being “financial” when the injury occurred, entitled to the sick benefit of one dollar per week, as…
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