Sovereign Camp of the Woodmen of the World v. Hodges

Citations

• 72 Fla. 467
• 73 So. 347

Syllabus

<p>1. Allegations in the count of a declaration are said to be repugnant, when they contradict and neutralize each other in relation to matters of substance.</p> <p>2. An allegation in a declaration upon a certificate of life insurance issued by a fraternal organization, which certificate is attached to the declaration and made a part of it by apt words, which is repugnant to a clause in the certificate of life insurance relating to a matter of substance will be considered bad on demurrer.</p> <p>3. A clause in a certificate of life insurance issued by a fraternal organization, which provides in substance, that the insured shall participate in the beneficiary fund of the society to an amount of money stated should death occur during the second year of membership and that “payment of the certificate shall be based upon an assessment on the entire beneficiary membership of this order in good standing; the full amount when so paid in no case to exceed the amount of one such assessment, nor shall any portion so paid be in excess of a like proportion of a single assessment on the entire beneficiary membership at that time,” etc., is not repugnant to and inconsistent with an allegation in the declaration that the holder of the certificate should participate in the beneficiary fund to a certain amount should his death occur within the second year of membership and the “defendant promised to pay to plaintiff the beneficiary named” in the certificate the certain sum so stated.</p> <p>4. The performance of conditions precedent may be averred generally by either party in an action.</p> <p>5. In a civil action upon a certificate of life insurance, where the defense was that the insured came to his death by suicide, the burden of proof is upon the party averring the suicide, but need not be established to the satisfaction of the jury beyond a reasonable doubt, but the evidence of suicide should preponderate in support of that contention to meet the burden of proof.</p> <p>b. Whe