Patterson v. Grand Lodge K. P.

• Citation: 162 Ala. 430,50 So. 377
• Parties: PATTERSON v. GRAND LODGE K. P.
• Decision Date: 30 June 1909
• Court: Supreme Court of Alabama

50 So. 377

162 Ala. 430

PATTERSON v. GRAND LODGE K. P.

Supreme Court of Alabama

June 30, 1909

Appeal from City Court of Montgomery; A. D. Sayre, Judge.

Action by Willie Patterson against the Grand Lodge of Knights of Pythias. From a judgment for defendant, plaintiff appeals. Reversed and remanded.

The complaint contained the following counts: (1) "Plaintiff claims of the defendant the sum of $400, with interest thereon, due on a policy whereby the defendant on, to wit the 1st day of January, 1902, insured for the terms of, to wit, one year the life of Daniel Patterson, who died on, to wit, the 10th day of April, 1905, of which the defendant has had notice. Said policy is the property of the plaintiff." (2) Same as 1, except that the insurance is alleged to have been issued on the 1st day of January, 1905 for the term of one year. (3) "Plaintiff claims of defendant the further sum of, to wit, $400, with interest thereon, on a policy of insurance whereby the defendant on to wit, the 10th day of September, 1902, insured for the term of, to wit, his natural life, Daniel Patterson, who died on to wit, the 10th day of April, 1905, of which the defendant has had notice. Said policy is the property of the plaintiff." (4) Same as 3. (5) "Plaintiff claims of the defendant $350, with interest thereon, due on a policy whereby the defendant on, to wit, the 10th day of September 1903, insured the life of Daniel Patterson, and agreed and promised, in case of the death of said Patterson during the third year of said policy, to pay plaintiff $350; that said Daniel Patterson died on, to wit, the 10th day of April 1905, of which defendant has had notice. Said policy is the property of the plaintiff." (6) "Plaintiff claims of the defendant $350, with interest thereon, for that the defendant is a fraternal or benevolent association issuing policies of insurance upon the lives of its members; that on, to wit, the 10th day of September, 1902, the defendant issued a policy of insurance upon the life of one Daniel Patterson, who was at that time a member of such association, wherein it agreed to pay to the widow, heirs, or legal representatives of said Daniel Patterson the sum of $350 in case of the death of said Daniel Patterson during the third year of his membership or thereafter; that said Daniel Patterson died during the third year of such membership or thereafter, on, to wit, the 10th day of April, 1905, of which def...