Supreme Ruling of Fraternal Mystic Circle v. Hoskins
Court of Appeals of Texas
Appeal from District Court, Gregg County; W. C. Buford, Judge. Action by Mrs. Margaret E. Hoskins and others against the Supreme Ruling of the Fraternal Mystic Circle. From a judgment for plaintiffs, defendant appeals. This suit is by the beneficiary upon a life insurance policy. Appellee is. the aunt of Joseph T. Hoskins, and his was the life insured.
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Appeal from District Court, Gregg County; W. C. Buford, Judge. Action by Mrs. Margaret E. Hoskins and others against the Supreme Ruling of the Fraternal Mystic Circle. From a judgment for plaintiffs, defendant appeals. This suit is by the beneficiary upon a life insurance policy. Appellee is. the aunt of Joseph T. Hoskins, and his was the life insured. The policy was issued May 27, 1901, and soon thereafter was delivered to appel-lee, who regularly paid all the premiums ‘which became due upon it after issuance up to and including May, 1913. In the year 1905 Joseph T. Hoskins resided in…
1Opinion of the CourtLevy, J.
(after stating the facts as above). [1] The laws of the appellant, as well as the laws of the American Guild, contain the following article:
“The absence or disappearance of a member of the Fraternal Mystic Circle from his last known place of residence for any length of time shall not be evidence of the death of the member, and no right shall accrue under the certificate of membership to a beneficiary, nor shall any benefits be paid until conclusive proof has been made of the death of the member aside from any presumption that might arise by reason of his absence.”
And the appellant pleaded as…
2Cases cited7 opinions
- Eaton v. International Travelers' Ass'n of DallasCourt of Appeals of Texas · 1911
- Kelly v. Supreme CouncilAppellate Division of the Supreme Court of the State of New York · 1899
- Latham v. TombsCourt of Appeals of Texas · 1903
- Phoenix Insurance v. LevyCourt of Appeals of Texas · 1895
- Turner v. SealockCourt of Appeals of Texas · 1899
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3Cited by29 opinions
- Calhoun v. MaccabeesTexas Commission of Appeals · 1922
- Modern Woodmen of America v. MichelinSupreme Court of Oklahoma · 1924
- Sovereign Camp, Woodmen of the World v. PiperCourt of Appeals of Texas · 1920
- Sovereign Camp of Woodmen of the World v. RobinsonCourt of Appeals of Texas · 1916
- Hannon v. Grand Lodge of the Ancient Order of United WorkmenSupreme Court of Kansas · 1917
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