Grand Lodge F. & A. Masons of Texas v. Moore

Court of Appeals of Texas

Grand Lodge F. & A. Masons of Texas v. Moore

154 S.W. 362, 1913 Tex. App. LEXIS 268

CourtCourt of Appeals of Texas

DecidedMarch 8, 1913

StatusPublished

Cited by3 cases

This text of 154 S.W. 362 (Grand Lodge F. & A. Masons of Texas v. Moore) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Grand Lodge F. & A. Masons of Texas v. Moore, 154 S.W. 362, 1913 Tex. App. LEXIS 268 (Tex. Ct. App. 1913).

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Opinion

*363 RAINEY, C. J.

Sarah Moore brought this suit to recover on a benefit contract, by which appellant was to pay $350, provided her husband, Bannister Moore, at the time of his death, was a member in good standing in some subordinate lodge of appellant.

We conclude that the evidence shows that, at the time of his death, Bannister Moore was such a member in good standing, and that appellant is liable on said contract. We further conclude that the evidence shows appellant to be a mutual relief association, and that the burden was on appellee to show that appellant had not complied with article 3096, Sayles’ R. S., which she did not do, to subject it to the penalties of 12 per cent, interest and attorney’s fees, as provided in article 3071, R. S., and therefore the court erred in rendering judgment for said interest and attorney’s fees. Legion of Honor v. Story, 97 Tex. 264, 78 S. W. 1.

It is therefore ordered that the judgment of the lower court be reformed so as to expunge therefrom said 12 per cent, interest and said attorney’s fees. It is ordered that appellee be taxed with the costs of this appeal.

As reformed, the judgment is affirmed.

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*363 RAINEY, C. J.

Sarah Moore brought this suit to recover on a benefit contract, by which appellant was to pay $350, provided her husband, Bannister Moore, at the time of his death, was a member in good standing in some subordinate lodge of appellant.

We conclude that the evidence shows that, at the time of his death, Bannister Moore was such a member in good standing, and that appellant is liable on said contract. We further conclude that the evidence shows appellant to be a mutual relief association, and that the burden was on appellee to show that appellant had not complied with article 3096, Sayles’ R. S., which she did not do, to subject it to the penalties of 12 per cent, interest and attorney’s fees, as provided in article 3071, R. S., and therefore the court erred in rendering judgment for said interest and attorney’s fees. Legion of Honor v. Story, 97 Tex. 264, 78 S. W. 1.

It is therefore ordered that the judgment of the lower court be reformed so as to expunge therefrom said 12 per cent, interest and said attorney’s fees. It is ordered that appellee be taxed with the costs of this appeal.

As reformed, the judgment is affirmed.

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154 S.W. 362, 1913 Tex. App. LEXIS 268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grand-lodge-f-a-masons-of-texas-v-moore-texapp-1913.

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