Brotherhood of Locomotive Firemen & Engineers v. Milner
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharp. Action by Mrs. John A. Milner against tbe Brotherhood of Locomotive Firemen & Engineers, upon an insurance policy issued on the life of Hiliary H. Milner. Judgement for plaintiff, and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. H. A. Sharp. Action by Mrs. John A. Milner against tbe Brotherhood of Locomotive Firemen & Engineers, upon an insurance policy issued on the life of Hiliary H. Milner. Judgement for plaintiff, and defendant appeals. The pleas set up failure to pay dues, the condition that the constitution and by-laws might be altered or amended, and that as altered and amended should become a part of the contract; that at the time of the death of Milner, the constitution then in effect provided that on or before the first day of each' month each member…
1Opinion of the Court
ANDERSON, C. J.—(1) The defendant’s special plea 7, if not otherwise faulty, was bad for setting up *76the contents of the constitution of the order as a part of the insurance contract, without the averment that the same was plainly expressed in the policy, as is required by section 4579 of the Code of 1907. This section applies to all insurance policies, whether issued by a benevolent society or an old-line insurance company. — National Union Co. v. Shery, 180 Ala. 627, 61 South, 944. It may be true that the act of April 24, 1911 (Acts 1911, p. 700), removes fraternal benefit societies from the…
2Cases cited3 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Goldstein v. LeakeSupreme Court of Alabama · 1903
- National Union v. SherrySupreme Court of Alabama · 1913
3Cited by13 opinions
- Prudential Casualty Co. v. KerrSupreme Court of Alabama · 1918
- Slaughter v. Grand LodgeSupreme Court of Alabama · 1915
- Tidmore v. MillsAlabama Court of Appeals · 1947
- Morgan-Hill Paving Co. v. ThomasSupreme Court of Alabama · 1931
- Royal Ins. Co. v. StoryAlabama Court of Appeals · 1949
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