Jackson v. Knights & Ladies of the Orient

Citations

• 101 Kan. 466
• 167 P. 1046
• 1917 Kan. LEXIS 120

Syllabus

<p>OPINION DENYING A REHEARING OR A MODIFICATION OF THE DECISION.</p> <p>SYLLABUS BY THE COURT.</p> <p>1. BeneFICIARY Association — Transfer of Assets■ — Liability of Transferee. The liability of a company which attempted to reinsure the members of a fraternal beneficiary association, in an action against it for canceling for nonpayment of dues the certificate of a member i;o whom the association was indebted, held to depend upon whether ithe company had received from the association any funds applicable vto that purpose.</p> <p>2. Same — Burden of Proof. In an action to require a corporation to pay a debt of a fraternal beneficiary association, because of having acquired all its assets, held that the burden of proof (subject to any special circumstances by which it might be shifted) is on the plaintiff to show that other than exempt assets were acquired by the defendant.</p> <p>3. Same — Liability of Transferee. In that situation liability of the defendant does not necessarily follow from the fact that after taking over the business of the association it received dues from its members, a part of which, under the association’s by-laws, would have been apportioned to a general fund.</p>