United Order of Good Shepherds v. Richardson

• Court: Alabama Supreme Court
• Writing for the Court: SOMERVILLE, J.
• Citation: United Order of Good Shepherds v. Richardson, 80 So. 370, 202 Ala. 305 (Ala. 1918)
• Decision Date: 28 November 1918
• Docket Number: 4 Div. 801
• Parties: UNITED ORDER OF GOOD SHEPHERDS v. RICHARDSON.

80 So. 370

202 Ala. 305

UNITED ORDER OF GOOD SHEPHERDS v. RICHARDSON.

4 Div. 801

Supreme Court of Alabama

November 28, 1918

Appeal from Circuit Court, Barbour County; J.S. Williams, Judge.

Action by Charles H. Richardson against the United Order of Good Shepherds. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under section 6, Acts 1911 p. 449. Affirmed.

Hill Hill, Whiting & Thomas, of Montgomery, and McDowell &amp McDowell, of Eufaula, for appellant.

Chauncey Sparks, of Eufaula, for appellee.

SOMERVILLE J.

The action is for a balance of $140 due, as claimed, upon a life insurance policy issued on the life of plaintiff's deceased wife. The amount due and recoverable depends upon the construction to be placed on the terms of the policy and the constitution and by-laws of the defendant association.

It is conceded by defendant that $15 remains due after a partial payment of $160. The record shows that the trial judge instructed the jury to find for the plaintiff, if they believed the evidence. The jury found for the amount sued for, with interest.

The only error insisted upon is the giving of the affirmative charge for plaintiff.

This charge was properly given, and defendant should have raised the question of what amount was due by requesting an instruction limiting plaintiff's recovery to the amount authorized by a proper construction of the policy.

Failing to do that, the...