Legal Opinion

Carruth v. Crawson

Supreme Court of Arkansas

Decided December 12, 1910PublishedCited by 8 opinions

Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; 1. There beirg no by-law of the association on the subject, the custom of the association and the interpretation of its laws by its officers would govern; and the proof is clear that they have construed its laws to authorize a member to change his beneficiary at any time.

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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; 1. There beirg no by-law of the association on the subject, the custom of the association and the interpretation of its laws by its officers would govern; and the proof is clear that they have construed its laws to authorize a member to change his beneficiary at any time. Such custom and practice has the force of by-laws. 67 Pac. 609; 56 Atl. 289; 58 Miss. 421; Field on Corporations, § 305; 37 Yt. 431; 16. Ohio Cir. Ct. Rep. 50. 2. Caruth’s letter was sufficient to constitute a change of beneficiary. 80 S. W. 1152;…

1Opinion of the CourtMcCulloch, C. J.

David B. Carruth, now deceased, was a member of the Arkansas Travelers’ Association, a fraternal society which paid death claims to the designated beneficiaries of .its members, and this action involves a controversy between two rival claimants of the benefit fund of said member. Appellant, Mrs. Sue Carruth, the last-designated beneficiary, is the widow of said deceased member, and appellee, Jennie May Clawson, who was originally designated as the beneficiary, was a distant relative of said member. Said association holds itself in readiness to pay the benefit fund to the one which the court…

2Cases cited2 opinions

  1. Block v. Valley Mutual InsuranceSupreme Court of Arkansas · 1889
  2. Johnson v. HallSupreme Court of Arkansas · 1891

3Cited by8 opinions

  1. Sovereign Camp Woodmen of the World v. NewsomSupreme Court of Arkansas · 1920
  2. Webster v. TelleSupreme Court of Arkansas · 1928
  3. Sovereign Camp Woodmen of the World v. IsraelSupreme Court of Arkansas · 1915
  4. Longer v. CarterSupreme Court of Arkansas · 1912
  5. Brinsmaid v. Iowa State Traveling Men's Ass'nSupreme Court of Iowa · 1911

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