Frank v. Switchmen's Union of North America

Citations

• 87 Wash. 634
• 152 P. 512
• 1915 Wash. LEXIS 956

Syllabus

<p>Judgment—Non Obstante—Motion'—Time. A motion for judgment non obstante veredicto comes too late when not made until after the clerk’s entry of judgment upon the verdict.</p> <p>Appeal—Preservation of Grounds—Exceptions to Instructions. Exceptions to instructions are sufficiently shown to have been called to the trial court’s attention upon a motion for a new trial, where they were dated, filed and allowed by the court on the day before the motion was argued.</p> <p>Insurance—Fraternal Insurance — Contract — Estoppel — Acceptance of Dues. A fraternal beneficiary association is estopped to deny acceptance of an application and a contract for class B insurance, where from April, 1909, to October, 1911, it accepted dues upon that class of insurance, leading the applicant to believe that his application had been accepted, although a certificate had not been issued and in his application he waived any claim for insurance until his application had been acted upon by the head officers.</p> <p>Same—Fraternal Insurance—Local Agents. The secretary of a local lodge, in accepting dues contrary to his instructions, acts as agent of the grand lodge, and his act is the act of his principal.</p> <p>Insane Persons—Competency—Evidence—Sufficiency. A finding that an inmate of an insane asylum had not recovered his reason while he was on parole is sustained by evidence that his mental condition prevented discussion with him and he was returned to and died in the asylum.</p> <p>Insurance—Fraternal Insurance ■— Contract — Estoppel — Acceptance of Dues—Notice. Where a fraternal beneficiary association had been accepting dues upon class B insurance for over two years, and did not discover or notify the member that he was not entitled to that class of insurance until the member had become insane, it is estopped to deny the contract, and waives provisions in its by-laws that no liability should attach until the application was accepted; and the unauthorized act of its local agent in collec