Rose v. Wilkins
Mississippi Supreme Court
From the chancery court of Montgomery county. Hon. James C. Longstreet, Chancellor. Wilkins, the appellee, was the complainant in the court below; Mrs. Rose and the supreme lodge of the Knights of Honor, appellants, were defendants there. The opinion of the court states the facts. The parties to the assignment attempted to do indirectly that which they could not do directly.
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From the chancery court of Montgomery county. Hon. James C. Longstreet, Chancellor. Wilkins, the appellee, was the complainant in the court below; Mrs. Rose and the supreme lodge of the Knights of Honor, appellants, were defendants there. The opinion of the court states the facts. The parties to the assignment attempted to do indirectly that which they could not do directly. Under the charter of the Knights of Honor, Wilkins could not have been named as a, beneficiary in the certificate. He was not a member of Rose’s family and not dependent on him, and if application had been formally made…
1Opinion of the CourtTerral, J.
Henry Rose, being admitted to beneficial membership in the order of the Knights of Honor, had issued to him, on ¿he nineteenth day of June, 1895, by the supreme lodge, a benefit certificate in the sum of 82,000, payable at his death to his wife, ' Mary J. Rose. On the fourth day of November, 1898, he and his wife jointly sold and-transferred by writing a three-fourths interest in said certificate to David D. Wilkins. Henry Rose died on the twenty-eighth day of March, 1900, a member of the order in good standing, and soon thereafter Wilkins filed his bill against the association and Mrs. Rose…
2Cases cited3 opinions
- Holland v. TaylorIndiana Supreme Court · 1887
- Presbyterian Mutual Assurance Fund v. AllenIndiana Supreme Court · 1886
- Harley v. HeistIndiana Supreme Court · 1882
3Cited by6 opinions
- Kerr v. CraneMassachusetts Supreme Judicial Court · 1912
- Hawkins v. DuberryMississippi Supreme Court · 1911
- Sovereign Camp Woodmen of the World v. WoodruffMississippi Supreme Court · 1902
- Proctor v. United Order of Golden StarMassachusetts Supreme Judicial Court · 1909
- Mikesell v. MikesellSuperior Court of Pennsylvania · 1909
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