American Mut. Benefit Ass'n v. Joshua

• Decision Date: 16 January 1918
• Docket Number: (No. 5951.)
• Citation: American Mut. Benefit Ass'n v. Joshua, 200 S.W. 260 (Tex. App. 1918)
• Parties: AMERICAN MUT. BENEFIT ASS'N v. JOSHUA.
• Court: Texas Court of Appeals

200 S.W. 260

AMERICAN MUT. BENEFIT ASS'N v. JOSHUA.

(No. 5951.)

Court of Civil Appeals of Texas. San Antonio.

January 16, 1918.

Appeal from Bexar County Court; John H. Clark, Judge.

Action by Lucy Joshua against the American Mutual Benefit Association. Judgment for plaintiff, and defendant appeals. Affirmed.

Chambers & Watson, of San Antonio, for appellant. T. H. Ridgeway and James F. Boyls, both of San Antonio, for appellee.

MOURSUND, J.

Lucy Joshua sued the American Mutual Benefit Association on two certificates upon the life of Arthur Jones, aggregating $470, in each of which she was named as beneficiary. Defendant pleaded that plaintiff could not recover on account of clause 7 in each certificate, reading as follows:

"If within three years from date hereof the principal shall die by his or her own acts, whether sane or insane, or in consequence of or while engaged in any illegal business, the liability of the association shall not exceed the amount of the premiums paid."

In this connection defendant pleaded that Jones was a convict, and was shot and killed while trying to escape or resisting arrest, or while attempting to kill one George Allen, who was trying to retake said Jones; that the death of Jones was caused by his own illegal acts, and while engaged in illegal and unlawful business, and in consequence of his own act, and in attempting to kill Allen; that these acts were in violation of said clause 7, as three years had not elapsed. Defendant tendered $17.05, the amount of premiums paid on the certificates.

The court rendered judgment for plaintiff.

Clause 7 of the certificates, by the use of the language "shall die by his or her own acts," clearly provides against suicide, and the evidence fails to show that...