Dolnak v. Sons & Daughters of Justice

Citations

• 105 Kan. 59
• 181 P. 545
• 1919 Kan. LEXIS 16

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fraternal Insurance- — Death — Compromise and Settlement with Beneficiary. In an action against a fraternal beneficiary society upon a certificate payable upon the death of the holder, the defense interposed was that the beneficiary had accepted a payment of a part of the amount named, in full satisfaction of his claim. The plaintiff in reply alleged that the settlement was induced by fraud. On the trial of this issue the plaintiff’s evidence showed that the society had refused payment of the full amount, under a claim on its part that it could show that he was not a relative of the person to whom the certificate had been issued, although described therein as her nephew, and that he had been instrumental in her death; that he knowingly accepted the less amount in full satisfaction of his demand, and was induced thereto, in part, by the consideration that if he was compelled to bring suit delay and expense would result; held, that a demurrer to the evidence was properly sustained, there being nothing to show fraud or mistake.</p> <p>2. Same — Compromise and Settlement — Tender. Where the sole defense interposed in an action on a money demand is that a settlement in full has been madé in consideration of the payment of- a part thereof, the plaintiff is not required to tender the amount received in order to be ■ heard upon a reply seeking to avoid the effect of the settlement on the ground that it was procured by fraud.</p>