To effect reinstatement when lapsed for more than thirty days and less than six months, a member shall furnish a certificate of health signed by him, and a like certificate of a medical examiner on form prescribed by the Supreme Senate, and shall pay to his recorder all dues, including those for the current month. The provisos were defensive matter which the defendant should have pleaded if it relied upon them. 1910). 37, limiting the authority of agents and officers, will be found in the statement of the case. This charge can be construed as authorizing a recovery for a temporary loss of the use of a foot, and this is so, although another clause of the charge instructed them that the paralysis must be total. A trial with the aid of a jury resulted in a verdict and judgment for plaintiff in the sum of $250, interest and costs. Moreover, the complainant has brought in unnecessary and improper parties. 60; 23 Cyc. (The provision of the Act first named which makes warranties by the insured insufficient to avoid the contract, though untrue, unless found to be material to the risk, has no application to the obligations of such beneficiary associations. of H. v. Story, 97 Tex. 760; 100 U.S. 483, 25 L.Ed. Appeal from Circuit Court, Jefferson County; Roger Snyder, Judge. Plaintiff's evidence tended to show: In September, 1923, C.H. It does not charge a doubt as to the date of the death of the son, or set forth any facts to prevent an ascertainment by the complainant of the exact date of his death, or present such a state of uncertainty as would require a court of equity to ascertain the exact date of the insured's death. The defense is lapse of the policy for nonpayment of monthly dues. 260, in construing a beneficial certificate entitling the member to one-fourth of his benefit if he should "lose a foot," it was held that it did not mean that there must be a severance of the foot from the body, but meant the permanent loss of the use of the foot. 69, p. 94; Sayles' Texas Civil Statutes, title 58, chap. In Supreme Lodge National Reserve Ass'n v. Turner, 19 Tex. Subscribers can access the reported version of this case. 1085; 69 N.J. Eq. From a judgment for plaintiff, defendant appeals. It is true counsel expresses some doubts in their brief as to the date of the death of the insured, but there is nothing in the bill which discloses any facts or circumstances that would relieve the complainant from ascertaining this date, or require the action of the chancery court to do so. Life Ins., sec. From 2020 - 2021, the Order of Prmontr celebrated a 900-year anniversary of its heritage infused with zeal, commitment, devout service and a loving spirit. Defendant was authorized under the provisions of its constitution to demand only the information furnished to secretary by the worthy recorder relative to the continuous good health of assured since the date of the lapse of his certificate. An association cannot establish its status as a fraternal beneficiary association under article 19, 3, Const., chapter 38, Rev. "Plaintiff in error, by several special charges, requested the trial court to charge the jury to the effect that if they believed from the evidence that Hollmig, the insured, had made false statements in his application for insurance, they should find in favor of plaintiff in error, regardless of whether or not such statements were material to the risk, which the court refused to do, but instructed the jury that the burden of proof rested on the plaintiff in error to show that the alleged false statements were material to the risk. A variance between allegation and proof exists where in suit on a certificate issued by a fraternal beneficiary society the certificate is alleged as a positive obligation, when it contains on its face conditions and provisos upon which liability is made to depend. Short form to Abbreviate Modern Order Of Praetorians. Link **Badge seen MOOW Military Order of the World War (See: AOGW). 563. 628; 195 Ala. 560, 70 So. v. Kerr, 13 S.W. Despite early setbacks the Order thrived and in the early built the Praetorian Building, the first skyscraper in Texas. Sheanon v. Pacific Mutual L. Ins. If both legs were paralyzed and under the treatment of physicians one leg gets well and the other one so he could commence to use his toes, that would be a hopeful indication. The third and fourth assignments of error complain of the overruling of certain special demurrers touching the validity of an ordinance of the city of Dallas, alleged by appellee to have been violated by appellant, which requires, among other things, that operators of elevators shall have had 10 days' experience in running an elevator under the instructions of a competent person before being permitted to engage in such occupation. There is evidence that neither Mr. Stocks nor Mr. Childs, the insured, had any notice of any change of Mr. Gibson's relations to the order at the time of the alleged payment of dues in January. Fraternal Order Benefit Certificate Pleading and Proof Provisos. The first and second assignments of error complain of the overruling of appellant's general and special demurrer, which in substance pointed out that appellee's petition showing appellant to be a private corporation and that Nelson's death was the result of the wrongful act, negligence, unskillfulness, and default of the servant and agent of appellant, which was not alleged to be the proprietor or charterer or hirer of any railroad, steamboat, stage coach, or other vehicle for the conveyance of goods or passengers, no liability at law was shown by said petition for the reason that such allegations brought the case within the provisions of subdivision 2 of article 4694, R. S. 1911, commonly known as the death statute. (It is of course known that the statute was amended by a recent Legislature by adding to the words, "the wrongful act, negligence, unskillfulness or default of another,", the words, "person or corporation, their agents or servants."). Opinion for Modern Order of Praetorians v. Bloom, 171 P. 917, 69 Okla. 219 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. The twitching or trembling has largely disappeared. November 21, 1929. There was introduced in evidence the following written application of the assured for reinstatement: "To the Supreme Senate Modern Order of Praetorians: My benefit certificate No. Also, the question involved is of considerable public interest; hence we feel justified in certifying the question to the Supreme Court for its decision.". technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research. App. Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more. Action by T. G. Nelson and wife against the Modern Order of Prtorians. The suit is upon a fraternal insurance certificate. Right leg got worse. Dues are payable to the "worthy recorder," and officer of the local "council.". List of North American fraternal benefit orders, https://books.google.com/books?id=kFjnAAAAMAAJ, https://en.wikipedia.org/w/index.php?title=Modern_Order_of_Praetorians&oldid=1145515303, Financial services companies established in 1898, Creative Commons Attribution-ShareAlike License 4.0, This page was last edited on 19 March 2023, at 14:59. Defendant, as an affirmative defense alleging that the loss of the foot was not permanent and there being evidence to that effect, was entitled to have the issue submitted to the jury affirmatively, and not withdrawn by positive charge declaring defendant liable if the loss of use of foot then existed although not permanent. The charge of the court was error. All dues shall be payable for each month on or before the first day thereof, and must be paid not later than the 12th.". Appellant met the charges of negligence by the general demurrer, certain special demurrers to be hereinafter discussed, the general denial, and the special plea that Nelson's death resulted from his negligence and that of Rembert Bonner, his fellow servant, for which appellant was not responsible in law. It follows that the judgment of the trial court should be affirmed. Is still treating plaintiff and working on him. A.G. Seay, of Troy, and Martin, Thompson, Foster & Turner, of Birmingham, for appellee. The suit is upon a fraternal insurance certificate. In a suit upon a benefit certificate issued by a fraternal society, charge of the court considered and held subject to the objection that it allowed plaintiff to recover for paralysis of the foot though the jury might believe that the paralysis was only temporary. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. Subscribers are able to see a list of all the documents that have cited the case. 591;, The beneficiary having complied with the requirements of the order, it was not incumbent upon her to furnish, Full title:MODERN ORDER OF PRAETORIANS v. KENNEDY. By the petition it is alleged that defendant is a secret fraternal and beneficial order; that on October 21, 1903, it issued to John W. Kennedy, a member thereof, a benefit certificate in the sum of $2,000, payable upon his death to the plaintiff; that John W. Kennedy died on February 11, 1912, a member of said order in good standing, having paid all dues and assessments imposed upon him by its constitution and by-laws up to and including December 31, 1912. It is obvious that the first provision only is applicable and controlling under the facts in the instant case, as the lapse of the membership and benefit certificate of assured, which is relied on by defendant, was for a period of less than 30 days, it being alleged in the answer that: "On the 1st day of July, 1911, there became due and payable by the said John W. Kennedy upon said beneficiary certificate the sum of $14.17, and that the said John W. Kennedy thereafter failed and refused to pay any part of said sum for a period of 20 days, and by reason thereof said beneficiary certificate lapsed, and became null and void.". The court did not decide that an ordinance prohibiting persons under 16 years of age pursuing a given occupation was a prohibition of the occupation, but that the right to regulate by the grant from the Legislature did not include the right to prohibit as well. Civ. including the society's constitution and bylaws, are incorporated into the certificate. The negligence alleged in the petition on the part of appellant to have brought about the death of Nelson was in permitting an operator without previous experience to operate its elevator; in not instructing such inexperienced operator for a period of ten days at the hands of a competent person, as provided by city ordinance, how to operate the elevator; in failing to warn and instruct Nelson; in failing to prescribe and enforce rules for the protection of Nelson; in failing to close the door of the elevator which killed Nelson before starting same; in placing the elevator which killed Nelson in charge of an incompetent employ; in directing its employs to operate the elevator which killed Nelson in an unsafe manner. Section 3, art. St. Rep. 605. It is also stated by this eminent writer, in section 1322, that the equitable remedy of interpleader, independent of statutory regulations, depends upon and requires the existence of the four following elements, which may be recorded as essential conditions: "(1) The same thing, debt, or duty must be claimed by both or all the parties against whom the relief is demanded; (2) all their adverse titles or claims must be dependent, or be derived from a common source; (3) the person asking the relief the plaintiff must not have nor claim any interest in the subject-matter; (4) he must have incurred no independent liability to either of the claimants; that is, he must stand perfectly indifferent between them, in the position merely of a stakeholder.". 318]. If some of plaintiff's muscles and nerves come to life it would be hopeful indication. Civ. "There was testimony tending to show that the said Hollmig had made false statements in his application for insurance in the respects above stated, and the evidence was conflicting as to whether or not such statements were material to the risk. Such allegations, in our opinion, are amply sufficient in alleging facts which, if true, constituted Speers the vice principal or alter ego of appellant, since the most that has ever been held necessary to establish the servant a vice principal is that he have authority to direct and supervise the work of those under him and to hire and discharge such subordinate servants. Action by T. G. Nelson and wife against the Modern Order of Prtorians. Appellant met the charges of negligence by the general demurrer, certain special demurrers to be hereinafter discussed, the general denial, and the special plea that Nelson's death resulted from his negligence and that of Rembert Bonner, his fellow servant, for which appellant was not responsible in law. That both the left and right leg were originally paralyzed. In Modern Order of Praetorians v. Kennedy, 59 Okla. ___, 157 P. 962, the society defended the action on the ground that the insured, prior to his death, had allowed his certificate to lapse for failure to pay dues, and in his application for reinstatement had made false warranties, whereby the defendant was released from liability under the certificate. Dr. French, for plaintiff, testified that he "attributed plaintiff's condition to injury of spinal cord, blood clot on it. The Modern Order of Praetorians, sometimes known as The Praetorians, [1] was a fraternal organization founded in Dallas in 1898 o 1899 [2] by Charles B. Gardner, [3] who had formerly worked with the Home Forum and Woodmen of the World. MODERN ORDER OF PRAETORIANS v. CHILDS. 555; Kansas Mut. Rehearing Denied January 3, 1914. This court held that the provisions of said article did apply to associations of the character of plaintiff in error, and that the action of the trial court in the respect stated above was not erroneous, and affirmed the judgment of that court. The present bill is manifestly defective. Glover. (It is of course known that the statute was amended by a recent Legislature by adding to the words, "the wrongful act, negligence, unskillfulness or default of another," the words, "person or corporation, their agents or servants."). The petition set up the legal effect of the certificate. Defendant's evidence tended to show that on January 4, 1924, Mr. Gibson, preparing to remove to Florida, ceased to be manager and recorder, and was succeeded as manager by C.S. 2 Bacon, Ben. The full amount thereof I tender herewith, to wit: $14.47, and apply for reinstatement on the following terms and conditions: I hereby warrant that I have not suffered from any sickness, disease or personal injury since my original application (except as stated on blank lines below and from which I have fully recovered), and have not, except as herein stated, been visited by or prescribed for by any physician since said original application on account of any illness, injury or other disability and that I have not violated any of the terms of the constitution of said order or conditions of said certificate. It will be observed that section 26 of the constitution contains three distinct provisions governing the reinstatement of members in the order in case of lapse, dependent upon the duration of such lapse the first governing cases where the lapse has been less than 30 days, the second where dues have not been paid for a period of more than 30 days and less than six months, and the third where the lapse has continued for more than six months. Any member whose dues shall not be paid as herein provided shall immediately lapse. This statute has been construed a number of times, and in our opinion the liability or nonliability of such as are included within said subdivision is now well settled under the old statute. Cas. R. 237, 134 S. W. 685, 37 L. R. A. If the defendant relied on any of the matters set out in the proviso therein to defeat a recovery it was its duty to plead the same. 6., Full title:MODERN ORDER OF PRAETORIANS v. MINNIE T. HOLLMIG. The charge is as follows: "Gentlemen: You are told that in order that plaintiff can recover herein, the loss of his foot must be total and permanent. WikiProject Organizations (Rated Stub-class, Low-importance) This article is within the scope of the WikiProject Organizations. MOP Modern Order of Praetorians MOPH Military Order of the Purple Heart. So far as he is concerned, upon his filing the bill, and surrendering up the thing or money into the custody of the court, his remedy is exhausted by the decree that the defendants do interplead with each other, and that he be freed from or indemnified against their demands, and that he recover his costs; with the result of their dispute he has no concern. J. R. Levy and Sollie Sollie, all of Ozark, for appellees. v. In support of this proposition we are cited Ex parte Epperson, 61 Tex. Co. v. Pinson, 64 S.W. Laws 1910, and chapter 205, Laws 1915, by merely showing that it has a ritual, local lodges, and a . Language links are at the top of the page across from the title. Soc., 39 Minn. 309, 39 N.W. Supreme Court of Alabama. In our opinion this language of the constitution means a permanent loss of a foot. If upon consideration of the evidence, the executive committee shall find that there are reasonable grounds for further proceedings in the matter, and shall so order, the president shall at once, by registered letter address to the post office address of the member accused as shown by the books of the order, notify him of the exact charge made against him, and further notify him that within fourteen days from the mailing of said notice he may file with the recorder of his council a written request for trial by said council, of the charge or charges specified. Make your practice more effective and efficient with Casetexts legal research suite. In his bill of complaint he must state his own rights and their several claims, and pray that they may interplead, so that the court may adjudge to whom the thing, debt, or duty belongs, and he may be indemnified. Let us continue to celebrate with them on their journey towards another 900 years! From a judgment for plaintiff, defendant appeals. This suit was brought by appellee, Mrs. Sherban, against the Modern Order of Prtorians, hereinafter for convenience called the "Order," to recover the sum of $3,000 upon a certificate of life insurance issued by the Order to Frank B. Sherban, deceased husband of appellee, Mrs. Sherban. ", "Article 20, Sec. The giving of this charge is assigned as error. C. H. Roquemore, of Montgomery, for appellant. 1918D, 860. "Does article 3096aa of the Revised Statutes, quoted above, apply to fraternal beneficiary associations? 699; 3 Pom. 377; 112 N.Y. 157, 19 N.E. The constitution of the order, made part of the contract, requires monthly dues to be paid on or before the 20th of each month, as a condition to the continuance of the policy in force. Total paralysis may recover if not existing too long. Rep., 465; Fitzmaurice v. Mutual Life Ins. This contention is not sustained. "Article 26. The bill does aver that the persons who were named as executors do not claim the fund, that is, that they as individuals or heirs do not claim the fund; but there is no averment that they as executors do not claim said fund or have renounced their right to same, as the legal representatives of the mother under said will. 786, 11 L.R.A., N.S., 981, 15 Ann.Cas. Rep., 818; Goddard v. East Texas Fire Ins. 264; Gen. Laws, 1903, chap. MODERN ORDER OF PRAETORIANS v. BLOOM. 5566 for $2,000, had paid all dues and assessments on said certificate up to and including December 1, 1912.". Co., 77 Wis. 618; Earle v. Thomas, 14 Tex. Johnson Seiter, for defendant in error. The bill also fails to show any foundation for the claim of the father. 557 [ 17 Tex. Reinstatment shall not be effected until accepted by the Supreme Senate and notice thereof mailed to the member by the president or. I don't think he has total loss of the leg.". ), "Dated July 20, 1911. 176; Hartford Fire Ins. Civ. Rehearing Denied June 20, 1916. Defendant's motion for new trial having been overruled, it perfected an appeal to this court. Local branches were called "Councils", of which there were 599 in 1923. Defendant answered, denying the material allegations of the petition, admitting the issuance and delivery of the certificate, the death of the assured, and requisite proof thereof; but denying that John W. Kennedy had paid his dues as required by the constitution and by-laws of the order, and alleging that on the 1st day of July, 1911, there became due and payable by the said John W. Kennedy upon said beneficiary certificate the sum of $14.47, and that said John W. Kennedy thereafter failed and refused to pay any part of said sum for a period of 20 days, and by reason thereof, said beneficiary certificate lapsed and became null and void, and this defendant says that under and by virtue of section 2, article 20, of the constitution of this defendant, it is provided: "Section 2. I can only understand paralysis in this case from blood clot, and if blood clot disappeared on one side from absorption we would believe it would relieve the pressure on the other, and there would largely be the same condition on the other side. "Plaintiff in error contends that the provisions of article 3096aa embraced in the Act to amend title 58 of the Revised Statutes, relating to the subject of insurance, passed by the Twenty-eighth Legislature (Acts of 1903, p. 94), which is as follows: 'That any provision in any contract or policy of insurance issued or contracted for in this State, which provides that the answers or statements made in the application for such contract, or in the contract of insurance, if untrue or false, shall render the contract or policy void or voidable, shall be of no effect and shall not constitute any defense to any suit brought upon such contract, unless it be shown upon the trial therof that the matter or thing misrepresented was material to the risk or actually contributed to the contingency or event on which said policy became due and payable, and whether it was material and so contributed in any case, shall be a question of fact to be determined by the court or jury trying such case,' do not apply to insurance associations or companies of the character of plaintiff in error.
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modern order of praetorians
