Independent Order of Sons & Daughters of Jacob of America v. Wilkes

Citations

• 98 Miss. 179
• 53 So. 493

Syllabus

<p>■1. Benevolent Society. Fraternal insurance. Expulsion from order. Action. Damages.</p> <p>A member of a fraternal insurance order, wrongfully expelled therefrom and thereby wrongfully deprived of his contract right to insurance, may sue the order for damages resulting from his expulsion, without having prosecuted his remedy by appeal within the order.</p> <p>2. Instruction. Conflict. When immaterial.</p> <p>Where an instruction for the successful party was correct, the defeated party cannot complain of a conflict between it and a too favorable instruction given at his request.</p> <p>■3. Same. Measure of damages. Failure to give.</p> <p>Where the amount of a verdict is within the sum that could properly have been awarded, a defendant who failed to ask an instruction on the measure of damages cannot complain because the jury were uninstructed on that subject.„</p>