Caywood v. Supreme Lodge, Knights & Ladies
Indiana Supreme Court
Prom Hancock Circuit Court; Edward W. Felt, Judge. Action by Ellen M. Caywood against The Supreme Lodge, Knights and Ladies of Honor. Prom a judgment for defendant, plaintiff appeals. Transferred from Appellate Court (see 41 Ind. App. 639) under §1394 Bums 1908, cl. 1, Acts 1901, p. 565, §10.
1Opinion of the CourtMonks, J.
This action was brought by appellant on a benefit certificate issued by appellee, a mutual benefit association, to appellant’s son, in which she was named as the beneficiary. The amended complaint is in two paragraphs. A demurrer for want of facts was sustained to the complaint, and judgment rendered on demurrer against appellant.
The errors assigned call in question the action of the court in sustaining said demurrer.
The benefit certificate sued- on contains the following provision :
*412“No suit shall be commenced against the supreme lodge after one year from the date of the death of the member.”
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2Cases cited33 opinions
- Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
- Riddlesbarger v. Hartford InsuranceSupreme Court of the United States · 1869
- Willcuts v. Northwestern Mutual Life InsuranceIndiana Supreme Court · 1882
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. LightheiserIndiana Supreme Court · 1904
- Insurance Co. of North America v. BrimIndiana Supreme Court · 1887
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3Cited by23 opinions
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- Bradshaw v. ChandlerIndiana Supreme Court · 2009
- Sovereign Camp of Woodmen of the World v. LathamIndiana Court of Appeals · 1915
- Timmerman v. Bankers' Reserve Life Co.Texas Commission of Appeals · 1933
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