Odd Fellows Benefit Ass'n v. Smith
Mississippi Supreme Court
Appeal from the circuit court of Lauderdale county. Hon. J. L. Buckley, Judge. Suit by Celia Smith against the Odd Fellows Benefit Association. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. filed an elaborate brief too long for publication contending: 1st. That the custom and course of dealings upon which assured relied did not work an estoppel, and, 2d.
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Appeal from the circuit court of Lauderdale county. Hon. J. L. Buckley, Judge. Suit by Celia Smith against the Odd Fellows Benefit Association. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. filed an elaborate brief too long for publication contending: 1st. That the custom and course of dealings upon which assured relied did not work an estoppel, and, 2d. That assuming that a custom and course of dealings was shown with reference to the acceptance of past due assessments by the local secretary that this does not work an estoppel under…
1Opinion of the CourtSmith, J.
Appellant is a mutual benefit association, organized with a system of grand and subordinate lodges. In April, 1905, appellant issued to Willis Smith, a member of its local lodge No. 3056, a benefit certificate by which *337it agreed, to pay at Ms death to Celia Smith, his wife, a sum of money not to exceed one thousand dollars, provided the certificate was then in force. The failure to pay the regular monthly* assessment of one dollar on or before the 15th day of the month in which it became due ipso facto worked a forfeiture of the certificate. Willis Smith died on the 20th day of June, 1910,…
2Cited by6 opinions
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- Brotherhood of Railroad Trainmen v. BridgesMississippi Supreme Court · 1932
- Sovereign Camp, W. O. W. v. HyndeMississippi Supreme Court · 1924
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