Legal Opinion

Merchants' Life Ins. Co. v. Lathrop

Court of Appeals of Texas

Decided March 20, 1919No. 942PublishedCited by 6 opinions

Appeal from Taylor County Court; ■ E. M. Overshiner, Judge. ' Action by Chester H. Lathrop against the Merchants’ Life Insurance Company. From a judgment for plaintiff, defendant appeals.

1Opinion of the Court

Statement of Case.

HIGGINS, J.

In Í896, appellant was incorporated under the laws of Iowa as a life insurance association, to be conducted upon a mutual assessment plan. On August 31, 1907, appellee Lathrop, at the age of 47, was admitted to membership, and a certificate of membership and of insurance in the sum of §2,000, issued to him, payable to his wife, in the event of his death. The articles of incorporation and by-laws of the association were made a part of the contract. The articles of incorporation were indorsed upon the certificate, and pertinent portions thereof read:

Article III:…

2Cases cited5 opinions

  1. Ericson v. Supreme Ruling, Fraternal Mystic CircleTexas Supreme Court · 1912
  2. Supreme Council American Legion of Honor v. BatteCourt of Appeals of Texas · 1904
  3. Supreme Council A. L. H. v. BlackCourt of Appeals for the Third Circuit · 1903
  4. Black v. Supreme CouncilU.S. Circuit Court for the District of Eastern Pennsylvania · 1903
  5. Grand Lodge Ancient Order of United Workmen v. StumpfCourt of Appeals of Texas · 1900

3Cited by6 opinions

  1. Pan American Life Ins. Co. v. GarrettCourt of Appeals of Texas · 1946
  2. Merchants' Life Ins. Co. v. GriswoldTexas Commission of Appeals · 1922
  3. English v. PaschallCourt of Appeals of Texas · 1950
  4. Texas Mut. Life Ins. Ass'n v. BoydCourt of Appeals of Texas · 1935
  5. Merchants' Life Ins. Co. v. MotzCourt of Appeals of Texas · 1919

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