Baker v. Supreme Lodge Knights of Pythias
Mississippi Supreme Court
Appeal from the circuit court of Panola county. Hon. N. A. Taylor, Judge. Suit by Mrs. Lily Baker against the Supreme Lodge of the Knights of Pythias. Prom a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Panola county. Hon. N. A. Taylor, Judge. Suit by Mrs. Lily Baker against the Supreme Lodge of the Knights of Pythias. Prom a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The only question before this court now is, was the trial court warranted in charging the jury as a matter of law upon the record made, that deceased’s, Baker’s, death was caused or superinduced in consequence of a duel, in which he was a participant? We say not, because of the total absence in the evidence of the circumstances' surrounding…
1Opinion of the CourtSmith, C. J.
The husband of appellant, who was killed some time prior to the institution of this suit, was a member of appellee order, and at the time of his death his life was insured therein in favor of appellant for the sum of two thousand dollars. This policy provided, among other things, that “If the death of the member. . . be caused or superinduced ... in consequence of a duel, or at the hands of justice, or in violation or attempted violation of any criminal law, then the amount to be paid on this certificate shall be a sum only in proportion to the whole amount thereof as the member’s matured…
2Cases cited3 opinions
- Thomas v. StateMississippi Supreme Court · 1883
- Davis v. Modern Woodmen of AmericaMissouri Court of Appeals · 1903
- Ward v. CommonwealthCourt of Appeals of Kentucky · 1909
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- State v. RomeroNew Mexico Court of Appeals · 1990
- Floyd v. Missouri State Life Ins.United States District Court · 1935
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