Rose v. Wilkins

Citations

• 78 Miss. 401

Syllabus

<p>1. Corporations. Charter. Benevolent society. Contracts.</p> <p>The charter of an incorporated benevolent society forms a part of its contracts of insurance and controls their validity and construction.</p> <p>2. Same. Designated class of beneficiaries. Strangers. Assignments.</p> <p>If the charter of an incorporated benevolent society authorizes it to pay a policy or benefit certificate only to a member, some of his family or a dependent on him, a stranger takes nothing by an assignment of the policy or certificate to him, executed by the beneficiary in the lifetime of the member, although the member joins in the assignment.</p> <p>3. Same. Public laiv. Notice.</p> <p>If a benevolent society be created by public law, strangers, as well as members, are ehai-ged with knowledge of a provision in such law that benefits can only be paid to a particular class of persons.</p> <p>4. Same. Payment of premiums by sttrangers. Reimbursement. Equity.</p> <p>A stranger who pays the dues or premiums on a policy or benefit certificate in a benevolent society for a member, to keep the insurance in force, may, after the death of the member, recover the sums so-paid, with legal interest, from the funds due on the policy or eerficate, by a proceeding in equity against the beneficiary and the society.</p>