Supreme Conclave of the Improved Order of Heptasophs v. Fife

Citations

• 27 Ohio C.C. Dec. 638
• 16 Ohio C.C. (n.s.) 205
• 1905 Ohio Misc. LEXIS 325

Syllabus

<p>BENEFICIAL ASSOCIATIONS — EVIDENCE.</p> <p>Marvin, Winch and Henry, JJ.</p> <p>1. Remittance' Blank, Subordinate Lodge Report, Etc., Evidence of Standing of Member of Beneficial Association.</p> <p>In an action on a benefit certificate where the defense is that the member, was not in good standing at the time of his death, a remittance blank and report sent by the subordinate lodge to the supreme body, reporting such fact, and a card used as part Of the bookkeeping system of the supreme body, also showing the same fact, are competent evidence.</p> <p>2. Refusal to Admit Further Evidence After Both Sides Rest With Assurance of no More Evidence to be Introduced, Discretionary With Court.</p> <p>When both sides have rested and one of the parties has left with the assurance that no more evidence would be introduced by the other side, it is not an abuse of discretion to refuse to receive additional and material evidence thereafter offered by the party giving such assurance.</p> <p>3. Burden on Beneficial Association to Show Failure of Good Standing of Member.</p> <p>A member of a beneficial association being shown to have been in good standing at one time, the presumption is that he continued in good standing until his death, and the burden is upon the association to rebut this presumption by evidence of equal weight or countervailing force.</p> <p>[Syllabus by the court.]</p>