Legal Opinion

Brotherhood of American Yeomen v. Fordham

Supreme Court of Arkansas

Decided November 8, 1915PublishedCited by 4 opinions

Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. Mrs. H. C. Fordham instituted this action against the Brotherhood of American Yeomen, a fraternal benefit society, to recover upon a benefit certificate issued by it to Arthur L. Fordham and payable to the plaintiff.

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Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. Mrs. H. C. Fordham instituted this action against the Brotherhood of American Yeomen, a fraternal benefit society, to recover upon a benefit certificate issued by it to Arthur L. Fordham and payable to the plaintiff. The facts are as follows: On the 4th day of March, 1911, Arthur L. Fordham, who then resided at Plainview, Arkansas, made 'application to the local representative of the Brotherhood of American Yeomen, of Des Moines, Iowa, for a benefit certificate in said association, .and was examined by the local…

1Opinion of the Court

Hart, J.,

(after stating the facts). (1) Parties competent to contract may enter into such agreements as they see fit, 'and it is the purpose of the law to carry out these agreements. In the case before us the answers to the questions asked iby the local medical examiner were copied upon the benefit certificate, land were made a part of it. It was expressly provided in the benefit certificate that the insured warranted the answers made in his medical examination to be true, and that the answers to the questions asked him 'by the medical examiner should be held to be warranties. Breach of a…

2Cases cited2 opinions

  1. Metropolitan Life Insurance v. JohnsonSupreme Court of Arkansas · 1912
  2. National Annuity Ass'n v. McCallSupreme Court of Arkansas · 1912

3Cited by4 opinions

  1. Brotherhood of Railroad Trainmen v. MeridethSupreme Court of Arkansas · 1920
  2. National Americans v. BitchSupreme Court of Arkansas · 1915
  3. Woodmen of the World v. BrownSupreme Court of Arkansas · 1937
  4. The MacCabees v. GannSupreme Court of Arkansas · 1931

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