Kennedy v. Grand Fraternity
Montana Supreme Court
Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by Mary Kennedy against The Grand Fraternity. From a judgment for plaintiff and an order denying it a new trial, defendant appeals. Statement oe the Case, by the Justice Delivering the Opinion. This is an action to recover upon a policy of life insurance.
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Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by Mary Kennedy against The Grand Fraternity. From a judgment for plaintiff and an order denying it a new trial, defendant appeals. Statement oe the Case, by the Justice Delivering the Opinion. This is an action to recover upon a policy of life insurance. With a single exception, it may be said that there is not any dispute as to the facts, which, as disclosed by the pleadings and undisputed testimony, are: Prior to March, 1905, Patrick Kennedy became a member of The Grand Fraternity, a fraternal insurance society…
1Opinion of the CourtJustice Holloway
The complaint, among other things, alleges: “(6) That at the time of his said death, as above set forth, the deceased wras a member in good standing of the said corporation known as The Grand Fraternity, defendant above named.” This is denied in the answer.
The solution of this controversy depends upon the answer to the question, What was the effect upon Kennedy’s membership of his failure to pay the dues for April and May, 1905? The policy of insurance, together with the provisions of the constitution and by-laws of the order applicable, constitute the contract between the parties. (25 Cyc.…
2Cases cited5 opinions
- Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
- Finlen v. HeinzeMontana Supreme Court · 1905
- Collins v. Metropolitan Life InsuranceMontana Supreme Court · 1905
- O'Connor v. Grand Lodge of Ancient Order of United WorkmenCalifornia Supreme Court · 1905
- Butler v. Grand Lodge of Ancient Order of United WorkmenCalifornia Supreme Court · 1905
3Cited by19 opinions
- Moore v. ShermanMontana Supreme Court · 1916
- Officer v. New York Life InsuranceSupreme Court of Colorado · 1923
- Bixler v. Modern Woodmen of AmericaSupreme Court of Virginia · 1911
- Brown v. Knights of Protected ArkSupreme Court of Colorado · 1908
- Careve v. Phoenix InsuranceMontana Supreme Court · 1923
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