Hoeft v. Supreme Lodge Knights of Honor

Citations

• 113 Cal. 91
• 45 P. 185
• 1896 Cal. LEXIS 750

Syllabus

<p>Demurrer — Power to Pass Judgment—Appeal — Presumption.—Although the court has no power to pass final judgment in a cause until a demurrer is disposed of, yet, where the record upon appeal from the judgment does not show' that a demurrer interposed was not disposed of, it will be presumed against error that it was disposed of.</p> <p>Id.— Demurrer Without Merit—Harmless Error.—Where the demurrer was without merit, any error in failing to pass upon it is without prejudice.</p> <p>Benefit Association—Action Upon Certifícate to Widow—Contest of Children—Interpleader—Regularity of Certificate—Admission by Association.'—In an action against a benefit association upon a certificate issued to the widow of a deceased member, where the association paid the money into court and asked that the children of the deceased member be allowed to appear and contest, snch action is an admission on the part of the association that the certificate sued upon was issued in accordance with its regulations, and that any failure of the insured member strictly to comply with all of its requirements and regulations in procuring the issuance of such certificate was waived by it; and denials by the children that the certificate was issued to plaintiff in accordance with such regulations, or that the insured complied with all of such requirements and regulations, raises no material issue,</p> <p>Id.—Rights of Beneficiaries—Vested Interest—Expectancy—Revocation-Power of Insured to Change—Fraud of New Beneficiary. Beneficiaries named in a policy taken out by a member of a benefit association, who has the power, by the rules of the association, to name or change the name of his beneficiaries, have no vested right or interest in the certificate, unless secured by contract, but have only a mere expectancy of an incompleted gift, which is revocable at the will of the insured, and which cannot become vested as a right until fixed by his death, and cannot be defrauded of that in which there is no veste