Woodmen of the World v. Hipp
Court of Appeals of Texas
Appeal from District Court, Tom Green County; J. W. Timmins, Judge. Action by Mrs. Jennie 1-Iipp against the Woodmen of the World. Judgment for plaintiff, and defendant appeals. This is a suit upon a policy of insurance.
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Appeal from District Court, Tom Green County; J. W. Timmins, Judge. Action by Mrs. Jennie 1-Iipp against the Woodmen of the World. Judgment for plaintiff, and defendant appeals. This is a suit upon a policy of insurance. Appellant defended upon the ground of a breach of a stipulation in the contract of insurance, which prescribed that, “if the member holding this certificate * * * should die in consequence of the violation or attempted violation of the laws of the state or of the United States, or any other province or nation, this certificate shall be null and void and of no effect, and all…
1Opinion of the Court
■KEY, C. J.
[1,2] (after stating the facts as above).
We sustain appellant’s contention, and hold that the evidence clearly shows that the assured died in consequence of a violation on his part of a penal statute of this state. The testimony above set out is all that was placed before the jury concerning the manner of Hipp’s death; and we think it shows, beyond a reasonable doubt, that he was killed by young Staley, because of the fact that Hipp had, immediately before the killing, made an unlawful and inexcusable assault upon his father. It is not necessary to consider in this case whether or…
2Cases cited6 opinions
- Terre Haute & Indianapolis Railroad v. BuckIndiana Supreme Court · 1884
- Bloom v. Franklin Life InsuranceIndiana Supreme Court · 1884
- Dunlap v. WagnerIndiana Supreme Court · 1882
- Gresham v. Equitable Accident InsuranceSupreme Court of Georgia · 1891
- Cincinnati, Hamilton & Indianapolis Railroad v. EatonIndiana Supreme Court · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Mills v. MillsTexas Commission of Appeals · 1921
- Guy v. Grand Lodge, Colored Knights of PythiasCourt of Appeals of Texas · 1932