Mutual Life Industrial Ass'n v. Scott
Supreme Court of Alabama
Appeal from Anniston City Court. Heard before lion. Thomas W. Coleman, Jr. Assumpsit by Dixie L. Scott against the Mutual Life Industrial Association of Georgia, on a mutual certificate in which she was named as beneficiary. Judgment for plaintiff and defendant appeals.
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Appeal from Anniston City Court. Heard before lion. Thomas W. Coleman, Jr. Assumpsit by Dixie L. Scott against the Mutual Life Industrial Association of Georgia, on a mutual certificate in which she was named as beneficiary. Judgment for plaintiff and defendant appeals. The court erred in sustaining demurrers to plea A, as it was entirely competent for the appellant and the appellee to provide in the contract of insurance a self executing forfeiture of the policy upon breach of its conditions. — Lehcm v. Clark, 43 L. R. A. 648. The insured is presumed to have knowledge of the charter and…
1Opinion of the CourtSimpson, J.
This action is by tbe appellee, against tbe appellant (a mutual benefit association), on a policy of life insurance, on tbe life of plaintiff’s busband, Walter J. Scott. Tbe policy was made payable to “Mrs. Dixie L. Sc'ott and beirs” (said Dixie L. Scott being tbe wife of said Walter J. Scott).
It is insisted by tbe appellant that the word “beirs” referred to tbe beirs of tbe said Walter S'cott, and not to those of tbe beneficiary, and that therefore Mrs. Scott cannot recover without joining tbe beirs of her busband; but tbe plain meaning of tbe term as used is Mrs. Dixie L. Scott and “her”…
2Cases cited7 opinions
- Knickerbocker Life Insurance v. PendletonSupreme Court of the United States · 1884
- Miles v. Mutual Reserve Fund Life Ass'nWisconsin Supreme Court · 1901
- Pitcher v. PeopleMichigan Supreme Court · 1867
- Michigan Mutual Benefit Ass'n v. RolfeMichigan Supreme Court · 1889
- Supreme Lodge Order of Mutual Protection v. MeisterIllinois Supreme Court · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Security Ins. Co. of Hartford v. SmithSupreme Court of Alabama · 1978
- Rose Medical Center v. State Farm Mutual Automobile Insurance Co.Colorado Court of Appeals · 1995
- Woodmen of the World v. WrightAlabama Court of Appeals · 1913