Savage v. Modern Woodmen of America

Citations

• 84 Kan. 63
• 113 P. 802
• 1911 Kan. LEXIS 281

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pleadings — Departure—Immaterial Error. A judgment will not be reversed because new matter in a reply constitutes a departure from the petition, although timely objection has been made thereto in the trial court, where notwithstanding* the fault in the pleading the contention of each party has been made clear, and each has had full opportunity to develop the facts.</p> <p>2. Insurance — Beneficiary Designated under Agreement — Vested Right — Change of Beneficiary. Where the designation of the beneficiary in a certificate issued by a mutual benefit association is made in pursuance of an agreement founded upon a sufficient consideration, the person so designated acquires a vested interest, and, unless by reason of countervailing equities, can not be displaced, although the rules of the order permit the member to change the beneficiary at will.</p> <p>■ 3. - Acceptance by Wife of Husband’s Offer to Name Her as Beneficiary — Consideration—Change of Beneficiary. Where ■ a husband agrees that if his wife will help to pay the assessments upon a certificate in a mutual benefit association in her favor he will not change the beneficiary, and in consequence of such agreement she makes a part of the payments thereon, using for the purpose what are in fact the proceeds of her own labor outside of her ordinary household duties, she can not be displaced as such beneficiary without her consent, notwithstanding she commingles her earnings with those of her husband as soon as received, keeping no separate account thereof, and then takes the money for the assessments from the common fund.</p> <p>•4. Evidence — Transactions with Persons Since Deceased — Beneficiary of Insurance Certificate. The statutory rule that no party shall testify in his own behalf in respect to any transaction had personally with a person since deceased, where the adverse party is the heir at law, next of kin or assignee of such deceased person, does not apply where the adver