Sipe v. Sipe

Citations

• 102 Kan. 742
• 173 P. 13
• 1918 Kan. LEXIS 132

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Benefit Insurance — Agreement Not to Change Beneficiary — Payment of Assessments — Vested Rights. A vested interest in a certificate issued by a mutual benefit association may be created after its issuance, as well as at that time, by an agreement on the part of the member not to change the beneficiary, in consideration of the payment of assessments.</p> <p>2. Same — Agreement of Wife to Keep Up Payments — Not to' Change Beneficiary — Substantial Performance. Where a wife agrees with her husband to keep up the payments on his certificate of membership in a mutual benefit association, which is payable to her on his death, in consideration of his promise not to change the beneficiary, substantial performance of the agreement on her part may be established, notwithstanding that a number of the subsequent assessments were paid by her husband’s father, who had promised to pay them for her if she became unable to do so, she supposing that the payments were made by him because of his promise, although the fact was otherwise.,</p> <p>3. Same — Wife to Keep Up Payments — Disposition of Proceeds of Certificate. Evidence that a member of a mutual benefit association told his wife that, in consideration of her paying the assessments, upon his death she should receive the proceeds of his certificate for herself and her children, does not necessarily imply that any legal claim thereto was intended to be given the children.</p> <p>4. Same — Jury in Advisory Capacity Only — Effect of Incompetent Evidence. The rule that a judgment will not be reversed for the admission of incompetent evidence, if there was other and competent evidence to the same point, unless it affirmatively appears that the improper evidence affected the result, applies where a jury is called, but acts only in an advisory capacity, as well as in cases tried without a jury.</p>