modern order of praetorians

Advanced A.I. This court held that the provisions of said article did apply to associations of the character of plaintiff in error, and that the action of the trial court in the respect stated above was not erroneous, and affirmed the judgment of that court. The Center for Norbertine Studies, in collaboration with Norbertines throughout the world, explores how the orders heritage can inform and help shape spiritual, intellectual and cultural life. ), "Dated July 20, 1911. Laws 1910, and chapter 205, Laws 1915, by merely showing that it has a ritual, local lodges, and a . J. M. Willis and G. Earl Shaffer, for defendant in error. It is obvious that the first provision only is applicable and controlling under the facts in the instant case, as the lapse of the membership and benefit certificate of assured, which is relied on by defendant, was for a period of less than 30 days, it being alleged in the answer that: "On the 1st day of July, 1911, there became due and payable by the said John W. Kennedy upon said beneficiary certificate the sum of $14.17, and that the said John W. Kennedy thereafter failed and refused to pay any part of said sum for a period of 20 days, and by reason thereof said beneficiary certificate lapsed, and became null and void.". Stats., title 58, chap. Complainant was entitled to attorney's fee. 699; 3 Pom. Appeal from the County Court of Hunt County, Texas. Praetorians - HD Remaster on Steam (P. Modern Order of Praetorians - WikiMili, The Best Wikipedia Reader Subscribers are able to see any amendments made to the case. App. 6 Div. 1. Appeal from Circuit Court, Dale County; J. S. Williams, Judge. Hill Dabney and Slator Oatman, for plaintiff in error. Modern Order of Praetorians v. App. From a judgment for plaintiffs, defendant appeals. The party seeking the remedy is exposed to the hazard, vexation and expense of several actions at law for the same demand, while he is ready and willing to satisfy that demand in favor of the claimant who establishes his right thereto. That the "constitution of defendant in force at the time plaintiff became a member and that in force at the time of the accident, injury and disability hereinafter set out, provided that if a worthy Praetorian (meaning a member in good standing in said order) should lose a foot or hand by accident while said certificate was in force, he should receive one-fourth of the amount of his benefit in cash, and the other three-fourths should remain until it became a claim by death or otherwise." Affirmed in part, and reversed and remanded. Appellant met the charges of negligence by the general demurrer, certain special demurrers to be hereinafter discussed, the general denial, and the special plea that Nelson's death resulted from his negligence and that of Rembert Bonner, his fellow servant, for which appellant was not responsible in law. Life Ins., sec. Nature does more than doctors. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research. NELSON et ux. Local branches were called "Councils", of which there were 599 in 1923. The insured came to his death as the result of an automobile accident on February 16, 1924. J.H. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. 1. v. App. It follows that the judgment of the trial court should be affirmed. "Plaintiff in error pleaded, among other defenses, that Hollmig the insured, had in his application for insurance, in making answers to the questions of the medical examiner, made false statements in reference to the condition of his health and having consulted or been treated by a physician, and that the contract of insurance made such statements warranties, and therefore, it was not liable on said certificate. There was introduced in evidence the following written application of the assured for reinstatement: "To the Supreme Senate Modern Order of Praetorians: My benefit certificate No. Spence, Knight, Baker & Harris, of Dallas, for appellees. Had been treating the patient with electricity, under which treatment the left leg has recovered. [1] 224, Modern Order of Praetorians, and who held beneficiary certificate. Modern Order Praetorians v. Nelson, 162 S.W. 17 - Casetext The Modern Order of Praetorians, sometimes known as The Praetorians, was a fraternal organization founded in Dallas in 1898 o 1899 by Charles B. Gardner, who had formerly worked with the Home Forum and Woodmen of the World. This was a suit by appellee, Thomas J. Taylor, to recover from Modern Order of Praetorians, a fraternal benefit corporation, on a benefit certificate in said order. Appeal from District Court, Dallas County; Kenneth Force, Judge. Affirmed. That the right foot has recovered to the extent he can "wiggle his toes," but not otherwise. Civ. The cause came on for trial before a jury. Section 3, art. 217, 127 S.W. From a judgment for plaintiff, defendant appeals. Harry P. Lawther and Dabney & Townsend, all of Dallas, for appellant. Hollmig died on the 2d day of February, 1905, while said certificate was in full force and effect; and on or about the 1st of March, 1905, proof of the death of the said Hollmig was made and furnished to plaintiff in error, in compliance with its rules, and presented to its executive committee, which was the body vested with the power of passing upon the same; and at the time of furnishing said proof defendant in error demanded of plaintiff in error the sum due upon said benefit certificate, to wit, the sum of $600, but the payment thereof was refused, for which sum defendant in error brought this suit. This unit was created by Scipio Africanus in the period of the republic and in principle, it was to be the protection of the army commander and the governor of the province. Appellees, parents of Guy Nelson, sued appellant in the court below for damages for negligently killing said Nelson while entering the elevator of appellant's building in Dallas, and recovered verdict and judgment for $7,500, from which this appeal is taken. Modern Order of Prtorians v. Nelson - Texas - Case Law - vLex Any member whose dues shall not be paid as herein provided shall immediately lapse. If an arm was paralyzed and motion of fingers returned this would indicate blood clot was removed off the nerve. The bill contained equity, and the court erred in its decree. There must be some substantial and practical recovery of a partial use of the foot to bring the recovery within the meaning of the contract. 1. Talk:Modern Order of Praetorians. Modern Order of Praetorians v. Childs. 585; Waul v. Hardie, 17 Tex. Glover. The suit is upon a fraternal insurance certificate. 377; 112 N.Y. 157, 19 N.E. The left leg recovered under treatment; the first signs of recovery of left leg were the motions of it; plaintiff got so he could move his toes. Defendant urges that the stipulation in the written application of assured for reinstatement that, "I hereby agree that the acceptance of this or any other subsequent payment shall not reinstate said certificate or renew my membership in said order if the warranties herein contained are not in each and all particulars true," is binding upon the plaintiff. Rehearing Denied January 3, 1914. Modern Order of Praetorians v. Hollmig - Casetext "Plaintiff in error, by several special charges, requested the trial court to charge the jury to the effect that if they believed from the evidence that Hollmig, the insured, had made false statements in his application for insurance, they should find in favor of plaintiff in error, regardless of whether or not such statements were material to the risk, which the court refused to do, but instructed the jury that the burden of proof rested on the plaintiff in error to show that the alleged false statements were material to the risk. From a judgment for plaintiff, defendant . The charge of the court was error. 128, located at Lane, in Hunt County, Texas, in the sum of $1000, payable to Mrs. Jennette Taylor, plaintiff's wife, which said certificate was countersigned by the Worthy Recorder of Clio Lodge No. The decree of the trial court in sustaining the demurrer to the bill is affirmed, but is reversed in so far as it dismissed the bill without affording the complainant a reasonable opportunity to amend, and in attempting to administer the fund. Supreme Council A.L. I hereby agree that the acceptance of this or any other subsequent payment shall not reinstate said certificate or renew my membership in said order if the warranties herein contained are not in each and all particulars true. You also get a useful overview of how the case was received. If this be true, under the terms of the policy she was the beneficiary, and under her will the executors were entitled to collect the fund, notwithstanding the testatrix devised all of her personal property to the three daughters. Gordon & McInnis and Works & Copping, for plaintiff in error. 2. There is no question of fraud or breach of warranty in the original application upon which the certificate sued on was issued, the evidence going only to matters occurring subsequent to the issuance and delivery thereof; and it is therefore deemed unnecessary to advert to other alleged errors presented by the briefs. It is true that under the provision of the constitution the reinstatement did not become effective until the dues were received and accepted by the Supreme Senate; but it is expressly stipulated that the assured had paid "all dues and assessments on such certificate up to and including December 1, 1912," a period of some 10 months after his death. Dr. French, for plaintiff, testified that he "attributed plaintiff's condition to injury of spinal cord, blood clot on it. Article 3096aa of the Revised Statutes of the State of Texas copied in the above statement is an amendment to title 58 of the Revised Statutes which embodies the law of this State on the subject of "insurance," and the article was added to chapter 4 of that title which treats of life and accident insurance companies, their contracts and policies. The negligence alleged in the petition on the part of appellant to have brought about the death of Nelson was in permitting an operator without previous experience to operate its elevator; in not instructing such inexperienced operator for a period of ten days at the hands of a competent person, as provided by city ordinance, how to operate the elevator; in failing to warn and instruct Nelson; in failing to prescribe and enforce rules for the protection of Nelson; in failing to close the door of the elevator which killed Nelson before starting same; in placing the elevator which killed Nelson in charge of an incompetent employ; in directing its employs to operate the elevator which killed Nelson in an unsafe manner.

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