Grand Lodge of Ancient Order of United Workmen v. Banister
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Robert J. Lea, Judge; 1. The issue was whether or not deceased committed suicide ; and the court erred in admitting the testimony of Kohlus as to the reason given by Banister for keeping the pistol in his bed. It was also error to permit him to testify as to the habit of deceased to get up at night when he heard strange noises. 2. The evidence is insufficient to support the verdict.
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Appeal from Pulaski Circuit Court; Robert J. Lea, Judge; 1. The issue was whether or not deceased committed suicide ; and the court erred in admitting the testimony of Kohlus as to the reason given by Banister for keeping the pistol in his bed. It was also error to permit him to testify as to the habit of deceased to get up at night when he heard strange noises. 2. The evidence is insufficient to support the verdict. The conclusion can not be reasonably drawn from the facts and circumstances that the death resulted from an accident. The presumption that deceased did not commit súicide may be…
1Opinion of the CourtMcCulloch, J.
Martin L. Banister was a member of the Ancient Order of United Workmen of the State of Arkansas, a fraternal insurance society, and the holder of a benefit certificate or policy of insurance on’ his life in the sum of $2,000, payable to his wife, Alice Banister. He died from a pistol shot wound, and. after payment was refused this action was brought by the beneficiary to recover the amount named in the certificate.
The application for membership, which became a part of the contract of insurance, contained the following clause: “I further agree that if, within two years after the date of my…
2Cases cited14 opinions
- Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
- Home Benefit Assn. v. SargentSupreme Court of the United States · 1892
- Grand Lodge Independent Order of Mutual Aid v. WietingIllinois Supreme Court · 1897
- Memphis & Charleston Railroad v. WomackSupreme Court of Alabama · 1887
- Mutual Life Insurance v. WiswellSupreme Court of Kansas · 1896
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3Cited by39 opinions
- Webster v. New York Life Ins. Co.Supreme Court of Louisiana · 1926
- Aetna Life Insurance v. TaylorSupreme Court of Arkansas · 1917
- Wren v. D. F. Jones Construction CompanySupreme Court of Arkansas · 1946
- New York Life Insurance v. WattersSupreme Court of Arkansas · 1922
- Life Cas. Ins. Co. of Tenn. v. BarefieldSupreme Court of Arkansas · 1933
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