National Benevolent Society v. Barker
| Decision Date | 06 November 1922 |
| Docket Number | 252 |
| Citation | 244 S.W. 720,155 Ark. 506 |
| Parties | NATIONAL BENEVOLENT SOCIETY v. BARKER |
| Court | Arkansas Supreme Court |
Appeal from Monroe Circuit Court; George W. Clark, Judge; affirmed.
Judgment affirmed.
Roy D. Campbell, for appellant.
The rights of parties to recover upon a policy of life insurance must be determined by the terms of the policy itself. 101 Ark. 353; 122 Ark. 222; 143 Ark. 364.
C. F. Greenlee, for appellee.
Appellee instituted suit in the Monroe Circuit Court against appellant to recover $ 250 upon a certificate of membership issued by appellant to her daughter, Annie M. Barker, on November 7, 1918, insuring her life against death on account of certain kinds of sickness. It was alleged that the certificate provided for the payment of that sum to her father, but, if dead, then to her mother, if the insured paid her dues and should die six years after the date of the policy. It was also alleged that the insured paid her dues regularly until her death, and that she died on September 8, 1920, subsequent to the death of her father.
Appellee filed an answer, admitting the issuance of a certificate of membership in its society, and the payment of dues thereon, but alleging that, under the provisions of the certificate and by-laws of the society, it was exempt from liability if the insured died of malaria, and liable for only ten per cent. of the face value of the certificate if she died of a chronic disease; that she died from the effects of either malaria or pellagra, and that pellagra was a chronic disease.
The cause proceeded to a hearing upon the pleadings and testimony, at the conclusion of which each party asked for a peremptory instruction. The court thereupon directed a verdict for appellee in the sum of $ 250. After the court decided the case on the merits, appellant requested other instructions, which were refused. In our view of the case it is unnecessary to set them out or state them in substance. An appeal has been duly prosecuted to this court from the verdict and judgment rendered pursuant thereto.
There was a clause in the membership certificate and by-laws of the society exempting appellant from liability for the death of the insured on account of malaria or chronic disease. The evidence was in conflict as to whether the insured died of malaria or pellagra.
Appellant testified that her daughter died from the effects of pellagra; that Dr. Thornton, who attended her, said she had pellagra; that she had been well all her life until she became ill in July, 1920, before her death in September following.
Dr. Gephart testified that he was called as a physician to see the insured in September, 1920, and found her suffering from symptoms of pellagra.
Dr. Thornton, the regular attending physician of the insured in her last illness, on direct examination, testified that she died from the effects of malaria; that pellagra was a chronic disease; on cross-examination, however, he testified, "About two months previous to her death she developed all of the signs of an acute case of pellagra, but in about a month and a half these acute signs receded and she resumed her usual duties."
Under the doctrine announced in the case of St. L S.W. Ry. Co. v. Mulkey, 100 Ark. 71, and many later cases cited in the case of Webber v. Rodgers, 128 Ark. 25, 193 S.W....
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