Sovereign Camp, W.O.W., v. Burrell

• Decision Date: 22 April 1920
• Docket Number: 6 Div. 33
• Citation: 204 Ala. 210,85 So. 762
• Parties: SOVEREIGN CAMP, W.O.W., v. BURRELL.
• Court: Alabama Supreme Court

85 So. 762

204 Ala. 210

SOVEREIGN CAMP, W.O.W., v. BURRELL.

6 Div. 33

Supreme Court of Alabama

April 22, 1920

Appeal from Circuit Court, Jefferson County; H.A. Sharpe, Judge.

Action by Mrs. Mattie Burrell against the Sovereign Camp, Woodmen of the World, upon a benefit insurance ticket issued to Jesse R Burrell. Judgment for plaintiff, and defendant appeals. Affirmed.

C.H Roquemore, of Montgomery, for appellant.

Beddow & Oberdorfer, of Birmingham, for appellee.

BROWN J.

Action by Mattie Burrell, the beneficiary named in the insurance certificate alleged to have been issued to Jesse R. Burrell as a member of "Cherry Camp, No. 1065, located at Adamsville."

The defendant interposed the plea of general issue, a plea of non est factum, pleas setting up a condition indorsed on the certificate that:

"There shall be no liability of the Sovereign Camp Woodmen of the World, under this certificate until the member named herein shall have paid all entrance fees, one advance assessment, or installment of assessment of Sovereign Camp fund or camp general fund for the month, signed his beneficiary certificate, and the acceptance slip attached thereto, paid the physician's fee for examination, been obligated or introduced by a camp, or authorized deputy in due form and had manually delivered into his hands, in person, this beneficiary certificate while in good health"

--and averring that said Burrell had not been so obligated by a camp or authorized deputy in due form, and therefore had not become a member of said order, together with pleas setting up the provisions of the constitution and by-laws, not indorsed on the beneficiary certificate, requiring the certificate to be signed by the clerk and consul commander of the local camp before its delivery; and averring that the certificate sued on was delivered to Burrell by the camp clerk without the signature of Miller, the consul commander, in violation of the constitution and by-laws of the order.

After the plaintiff had adduced evidence and closed, the defendant interposed a demurrer to the evidence, which was overruled, and judgment rendered for the plaintiff. The defendant (appellant here) now contends that the overruling of the demurrer to the evidence constitutes reversible error.

The plaintiff offered in evidence the certificate of insurance, the foundation of the action, which had been surrendered to the defendant as a part of the proof of death, and produced in court--and by order of the court delivered to the plaintiff on the trial--embodying the following, among other recitals:

"This certificate, issued by authority of the Sovereign Camp of the Woodmen of the World, witnesseth: That Sovereign Jesse R. Burrell a member of Cherry Camp No. 1065 located at Adamsville, state of Alabama, is while in good standing as a member of this society entitled to participate in its beneficiary fund to the amount of $500.00 should his death occur during the first year of his membership, *** payable at his death to Mattie Burrell, bearing relation to him of mother. ***

"In witness whereof, the Sovereign Camp of the Woodmen of the World has caused this certificate to be signed by its Sovereign Commander and Sovereign Clerk, and the corporate seal thereof to be impressed, this 15th day of April, A.D.1918."

Immediately following this last recital appears what is purported to be the signatures of J.T. Yates, "sovereign clerk" and W.A. Frazier, "sovereign commander," and to the left of such signatures the seal. Immediately after such signatures follows the recital:

"He has made all payments required and has been introduced as a member of this camp. Signed, this 22d day of April, A.D.1918. Peter Sampson, Clerk, Charles R. Miller, Consul Commander."

Then follows:

"I have read the above certificate No. 85859 of the Sovereign Camp of the Woodmen of the World, and the conditions therein and hereby agree to and accept the same as a member of camp No. 1065, State of Alabama, this 22d day of April, 1918, and warrant that I am in good health at this time and that all the requirements of section 58 of the constitution and laws of the society have been complied with.-- Jesse R. Burrell. [ Member sign here.] [Seal Impression.] Witness: Peter Sampson, Clerk of Camp."

The evidence adduced shows that Yates and Frazier were, respectively, "sovereign clerk" and "sovereign commander" of the Sovereign Camp, and that the signatures appearing on the certificate were printed facsimiles of their signatures, and placed thereon in the manner usually adopted by the defendant in executing beneficiary certificates, and attested by the corporate seal.

While there was evidence tending to show that the signature purporting to be that of Burrell, to the acceptance on the certificate, was not his signature, and that it was signed by Peter Sampson, yet there was also evidence tending to show that the signature to the acceptance was the genuine signature of Burrell, and also showing that the signatures of Sampson, as clerk, and Miller, as consul commander, were genuine. It was also shown that the seal impression on the certificate opposite the attestation of the signature of Burrell by Sampson, as clerk, was the camp seal.

There was also evidence tending to show that after Burrell had signed the acceptance of the certificate, and his signature had been duly attested by the camp clerk and the camp seal affixed, and after the certificate to the effect that Burrell had made all the payments required, and had been introduced as a member of the camp, had been signed by Peter Sampson, as clerk of the camp--but without the signature of Miller, as consul commander--the certificate was delivered into the hands of Burrell while he was apparently in good health.

The plaintiff also offered in evidence the proof of death, prepared, signed, and verified before a notary, by Charles R. Miller, consul commander, Hugh Hillhouse, banker, and Peter Sampson, clerk, containing the following recital:

"We, Charles R. Miller, consul commander, Hugh Hillhouse, banker, and Peter Sampson, clerk of camp No. 1065, located at Adamsville, county of Jefferson, state of Alabama, being duly sworn, on oath say that Sovereign Jesse R. Burrell, who held certificate No. 85959, and who was at the time of his death a member of this camp, died at Birmingham, county of Jefferson, state of Alabama, on the 27th day of April, 1918, and that the cause of his death is reported to us as pneumonia. The deceased joined this camp by adoption [adoption of transfer] on the 19th day of April, 1918."

The evidence further tended to show that Peter Sampson was the authorized deputy of the defendant to organize the camp at Adamsville, and that it was so organized some months before Burrell's death. Hillhouse, a witness offered by the plaintiff, testified that ...