Carruth v. Crawson
Supreme Court of Arkansas
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
- Block v. Valley Mutual InsuranceSupreme Court of Arkansas · 1889
- Johnson v. HallSupreme Court of Arkansas · 1891
3Cited by8 opinions
- Sovereign Camp Woodmen of the World v. NewsomSupreme Court of Arkansas · 1920
- Webster v. TelleSupreme Court of Arkansas · 1928
- Sovereign Camp Woodmen of the World v. IsraelSupreme Court of Arkansas · 1915
- Longer v. CarterSupreme Court of Arkansas · 1912
- Brinsmaid v. Iowa State Traveling Men's Ass'nSupreme Court of Iowa · 1911
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