Grand Lodge, Brotherhood of Railroad Trainmen v. Smith

Citations

• 129 Miss. 738
• 92 So. 837

Syllabus

<p>1. Insurance. Under constitution of order providing that certain claims should be addressed to order’s benevolence, there was no legal liability.</p> <p>Where a beneficiary certificate declared the holder entitled to participate in the beneficiary department to the amount set forth in the constitution, which provided that claims for disability other than certain specified claims should be addressed to the systematic benevolence of the order, and not be made the basis of any legal liability, and that this provision might be pleaded in bar of any suit or action, the order was not legally liable to the member for a disability to which such provision applied.</p> <p>2. Insurance. Member held not entitled to recover dues paid subsequent to disability for which claim disallowed.</p> <p>Under the constitution of a benefit society, providing that claims for certain disabilities should be addressed to the benevolence of the order, and that, if allowed, payment thereof should be considered a surrender and cancellation of the certificate, where such a claim was disallowed the member could not recover back the dues paid subsequent to the injury to keep the certificate alive, as these payments were for insurance which he obtained.</p>