Lyons v. Grand Lodge of Knights of Pythias
Supreme Court of North Carolina
Civil ACTION tried before Long, J., at September Term, 1916, of Foksyth. Civil action tried in tbe county court of Eorsytb County before his Honor, H. R. Starbuck, judge, and a jury, at February Term, 1916, of said court.
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Civil ACTION tried before Long, J., at September Term, 1916, of Foksyth. Civil action tried in tbe county court of Eorsytb County before his Honor, H. R. Starbuck, judge, and a jury, at February Term, 1916, of said court. The action was to recover on an endowment policy in the sum of $300 issued by defendant order in case of Frank Lyons, a member who died on 6 March, 1915. Plaintiff, his widow, having made demand and payment being refused, instituted .present action, proved the death, demand for payment and refusal on part of defendant. Liability was denied on the ground, chiefly, that the…
1Opinion of the Court
HoKE, J.,
after stating the case: On proof of the death of the member, presentation of the policy by the beneficiary and denial of any liability by the company, a prima facie right of recovery is established, and defendant, claiming to be relieved by reason of nonpayment of dues or other like default, has the burden of proof in reference to such defenses. Harris v. Junior Order, etc., 168 N. C., 357; Wilkie v. National Council, 147 N. C., 637; Doggett v. Golden Cross, 126 N. C., pp. 477-480.
The decisions also very generally hold that in case of doubt and uncertainty as to the meaning of a…
2Cases cited5 opinions
- Kendrick v. Mutual Benefit Life InsuranceSupreme Court of North Carolina · 1899
- Jones v. Casualty Co.Supreme Court of North Carolina · 1905
- Wilkie v. National Council, Junior Order United American Mechanics of the United StatesSupreme Court of North Carolina · 1908
- Colorado Co. v. CommissionersSupreme Court of the United States · 1877
- Harris v. National Council, Junior Order United American MechanicsSupreme Court of North Carolina · 1915
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- Cato v. . Hospital Care AssociationSupreme Court of North Carolina · 1941
- Forest City Building & Loan Ass'n v. DavisSupreme Court of North Carolina · 1926
- Creech v. Sovereign Camp of the Woodmen of the WorldSupreme Court of North Carolina · 1937
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