Hollings v. Bankers' Union of the World

• Decision Date: 25 March 1902
• Parties: HOLLINGS v. BANKERS' UNION OF THE WORLD.
• Court: South Carolina Supreme Court

41 S.E. 90

63 S.C. 192

HOLLINGS v. BANKERS' UNION OF THE WORLD.

Supreme Court of South Carolina

March 25, 1902

Appeal from common pleas circuit court of Charleston county Aldrich, Judge.

Action by Annie M. Hollings against the Bankers' Union of the World. Judgment for plaintiff. Defendant appeals. Affirmed.

The following is the complaint:

"The plaintiff above named, complaining of the defendant above named, herein alleges:

(1) That at the times hereinafter mentioned the defendant above named was, and now is, a corporation created by and under the laws of the state of Nebraska, organized for the purpose of associating together a number of individuals, as members thereof, for the mutual uplifting of its members; the practice of fraternal love as shown by deed, and not by words alone; to lose no opportunity to point out to a fallen or weak brother a path of success; to withhold nothing reasonable from a brother that can benefit him, and especially to point out to him any danger threatening him or his loved ones, and to bestow substantial benefits upon the family, widow, heirs, or blood relations wherever this union shall operate; to take care of the sick and indigent members and to comfort the sick and bereaved in time of sorrow and distress; and thus providing an insurance benefit upon the lives of its members; and that said corporation has a branch or subordinate lodge in the city of Charleston, state of South Carolina, known as 'Charleston Lodge, No. 38,' and that at the date of the transactions hereinafter mentioned the said defendant was, and now is, a mutual benefit life insurance corporation, chartered and existing under and by virtue of the laws of the state of Nebraska doing business in this state as a benefit life insurance company, by and through its agents and local lodge; the said local lodge being an adjunct and a part of the defendant corporation.

(2) That on or about the 29th day of June, 1899, in consideration of the payment by E. B. Hollings of the sum of $5, and of any sum and divers sums of money then or thereafter required by said corporation, the said E. B. Hollings became entitled to be a charter member of Charleston Lodge, No. 38, a local lodge of the Bankers' Union of the World, the defendant herein named; and the said defendant duly admitted the said E. B. Hollings, late of the county of Charleston and state of South Carolina, as a member of said lodge and corporation, and duly issued and delivered to him, through the officers of the Charleston Lodge, No. 38, a certificate of membership, and a certificate of insurance upon his life, dated 5th day of August, 1899, and numbered 3,460, whereby it provided and agreed that upon receipt by the supreme lodge of satisfactory proof of his death, together with the surrender of this policy, the sum of $2,000 will be paid within sixty days at its office, in the city of Omaha, state of Nebraska, out of the mortuary fund of the Bankers' Union of the World, to Annie M. Hollings, his wife, Charleston, S. C.

(3) That this plaintiff was the wife of the said E. B. Hollings, and, as such, had a valuable interest in his life, and was the beneficiary named in the said certificate.

(4) That on the 24th day of October, 1899, at Summerville, S. C., the said E. B. Hollings departed this life .

(5) That the said E. B. Hollings duly performed all the conditions of the said agreement on his part, by the payment of all sums and divers sums of money due at the time of becoming a member of said corporation, and thereafter during his lifetime.

(6) That this plaintiff, after the death of the said E. B. Hollings, caused due notice to be given to the said defendant, the Bankers' Union of the World, and the local lodge known as the 'Charleston Lodge, No. 38,' by furnishing proofs of death upon the forms provided by defendant, and furnished to this plaintiff by the officers of Charleston Lodge, No. 38, and delivered to them the proofs of death of E. B. Hollings on or about the 9th day of December, 1899, as the representative lodge or agents of the Bankers' Union of the World, and duly demanded from the defendant the payment of the said $2,000, the amount of the said benefit certificate or policy of insurance; but this plaintiff states that the same, nor any part of it, has not been paid to her by the defendant, and that the defendant is now justly indebted to her in the said sum of $2,000, with interest thereon from the 9th day of December, 1899, at the rate of seven per cent. per annum.

(7) That this plaintiff has duly performed all the other stipulations of the said policy of insurance upon her part, and is willing and ready to give a full receipt and surrender the said certificate of insurance upon the payment to her of the said sum of $2,000; that the defendant has refused to pay said sum, although payment of the same has been demanded. Wherefore the plaintiff demands judgment against the defendant for the sum of $2,000, with interest thereon from the 9th day of December, 1899, together with the costs and expenses of this action."

Mordecai & Gadsden,...