Supreme Ruling of the Fraternal Mystic Circle v. Turner

Citations

• 105 Miss. 468
• 62 So. 497

Syllabus

<p>1. Insurance. Mutual benefit insurance. Pleading. Striking out. Contract. Constitution and By-laws. Evidence. Code 1906, sections 2636, 2637 and 762.</p> <p>Under section 762, Code 1906, providing that irrelevant' matter inserted in pleading may be stricken out on motion of any party, it is proper to strike out parts of the special notice under the general issue, to facilitate the progress of a cause by removing from the pleadings irrelevant matters.</p> <p>2. Mutual Benefit Insurance. Contract. Code 1906, section 2636. Evidence.</p> <p>In a suit to recover of a foreign insurance company the amount of a benefit certificate, under Code 1906, section 2636 so providing, the insurance company cannot present as a defense any violation of its laws or regulations by the insured, unless it shows that such laws and regulations have been duly filed with the commissioner of insurance.</p> <p>3. Same.</p> <p>In such case an insurance company being a foreign corporation, organized under the laws of another state, and not being incorporated under the laws of this State, is not exempt by section 2637, Code 1906, from the provisions of section 2636, Code 1906.</p> <p>4. Same.</p> <p>In a suit on a benefit insurance certificate a recitation in the declaration that the insurance company is “a foreign corporation, duly organized and existing under and by virtue of the ■ laws of another state, and transacting business in the State of Mississippi as a life insurance association, having complied with the laws of said state, and licensed thereby to that end” will not relieve such company from proving that its charter, constitution and by-laws were duly filed with the insurance commissioner as required by section 2636, Code 1906, where such insurance company seeks to use .as a defense any violation of or failure to comply with any of its by-laws or regulations.</p> <p>5. Mutttai Benefit Insurance. Evidence.</p> <p>The testimony of a deputy chancery clerk that a supplemental statement sh