Gurley v. . Junior Order

Supreme Court of North Carolina

Gurley v. . Junior Order

2 S.E.2d 712, 215 N.C. 794, 1939 N.C. LEXIS 377

DecidedMay 10, 1939

StatusPublished

This text of 2 S.E.2d 712 (Gurley v. . Junior Order) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gurley v. . Junior Order, 2 S.E.2d 712, 215 N.C. 794, 1939 N.C. LEXIS 377 (N.C. 1939).

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Opinion

Civil action to recover funeral benefits.

Henry A. Gurley was a member of "Dilworth Council No. 12," Jr. O. U. A. M., and as such was enlisted in the Funeral Benefit Department of the defendant National Council. He died on 4 September, 1937, leaving the plaintiff his surviving widow, legal dependent and beneficiary. She brings this action to recover funeral benefits.

Upon denial of liability and issues joined, there was a verdict and judgment for plaintiff, from which the defendant appeals, assigning errors. The case was tried under and is controlled by the decisions in Evans v.Junior Order, 183 N.C. 358, 111 S.E. 526; Witty v. Junior Order, ibid., 679, 111 S.E. 721; and Hancock v. National Council of Junior Order,180 S.C. 518, 186 S.E. 538. The questions involved are fully discussed in these late cases, and it would serve no useful purpose to reiterate here what has been so recently said in these decisions.

The verdict and judgment will be upheld.

No error.

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Civil action to recover funeral benefits.

Henry A. Gurley was a member of "Dilworth Council No. 12," Jr. O. U. A. M., and as such was enlisted in the Funeral Benefit Department of the defendant National Council. He died on 4 September, 1937, leaving the plaintiff his surviving widow, legal dependent and beneficiary. She brings this action to recover funeral benefits.

Upon denial of liability and issues joined, there was a verdict and judgment for plaintiff, from which the defendant appeals, assigning errors. The case was tried under and is controlled by the decisions in Evans v.Junior Order, 183 N.C. 358, 111 S.E. 526; Witty v. Junior Order, ibid., 679, 111 S.E. 721; and Hancock v. National Council of Junior Order,180 S.C. 518, 186 S.E. 538. The questions involved are fully discussed in these late cases, and it would serve no useful purpose to reiterate here what has been so recently said in these decisions.

The verdict and judgment will be upheld.

No error.

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Bluebook (online)

2 S.E.2d 712, 215 N.C. 794, 1939 N.C. LEXIS 377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gurley-v-junior-order-nc-1939.

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