Mooney v. Ancient Order of United Workmen Grand Lodge
Court of Appeals of Kentucky
Care 107 — Action by Sabah Jane Mooney against the Ancient Order of United Workmen Grand Lodge of Kentucky on a Benefit Certificate. — Feb. 26. APPEAL FROM WEBSTER CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals Reversed. POINTS DISCUSSED. The only defense is an alleged “suicide by-law.”
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Care 107 — Action by Sabah Jane Mooney against the Ancient Order of United Workmen Grand Lodge of Kentucky on a Benefit Certificate. — Feb. 26. APPEAL FROM WEBSTER CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals Reversed. POINTS DISCUSSED. The only defense is an alleged “suicide by-law.” This is unavailing for these reasons, viz.: 1. There is no valid proof of adoption. 2. It is admitted that the grand lodge did not adopt, but there is some incompetent evidence that the supreme lodge had adopted a suicide clause. The charter requires an adoption by the grand lodge. ■ Section 5 of…
1Opinion of the Court
Opinión op the court by
JUDGE HOBSON
— Reversing.
Appellee, the Ancient Order of United Workmen, is a corporation created by the laws of Kentucky. It consists of a supreme lodge and subordinate lodges. A beneficiary fund is set apart for the benefit of the families or heirs at law of deceased members. Benefit certificates are issued to the members, and they have the right of naming their beneficiaries. It is a fraternal association, governed by the lodge system under the supervision of a supreme lodge, which pays no commissions ánd employs no agents, except in the organization of local…
2Cases cited4 opinions
- Ritter v. Mutual Life Ins. Co. of NYSupreme Court of the United States · 1898
- Smith v. National Benefit SocietyNew York Court of Appeals · 1890
- Hartman v. Keystone InsuranceSupreme Court of Pennsylvania · 1853
- Supreme Commandery of the United Order of the Golden Cross of the World v. HughesCourt of Appeals of Kentucky · 1902
3Cited by5 opinions
- National Life Insurance v. WatsonCourt of Appeals of Kentucky · 1922
- Supreme Tent of the Knights of the MacCabees of the World v. DupriestCourt of Appeals of Kentucky (pre-1976) · 1930
- Columbian National Life Insurance v. WoodCourt of Appeals of Kentucky · 1921
- Hunziker v. Supreme Lodge K. of P.Court of Appeals of Kentucky · 1904
- American Patriots v. CavanaughCourt of Appeals of Kentucky · 1913