Home/Louisiana Court of Appeal/Morgan v. Mt. Olive Gr. C., O. E. S.

Morgan v. Mt. Olive Gr. C., O. E. S.

165 So. 726
CourtLouisiana Court of Appeal
DecidedFebruary 20, 1936
DocketNo. 1552.
StatusPublished

This text of 165 So. 726 (Morgan v. Mt. Olive Gr. C., O. E. S.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morgan v. Mt. Olive Gr. C., O. E. S., 165 So. 726 (La. Ct. App. 1936).

Opinion

DORE, Judge.

Plaintiffs, the alleged son and husband, respectively, of one Clara Navous, instituted this suit to enforce an alleged claim against the defendant, a fraternal society.

The deceased, Clara Navous, became a member on February 10, 1931, of the Silver Leaf Chapter No. 262, of the defendant society. The said Clara Navous died in the parish of St. Mary on December 6, 1932.

As against the claim of plaintiffs, the defendant interposed three defenses:

First. That the said Clara Navous, at the time of her death, was not in good standing, having been suspended for the nonpayment of dues for three months or more prior to her death.

Second. That the entire Silver Leaf Chapter, No. 262, of which the said Clara Navous had become a member, was suspended in February, 1932, and dropped from the rolls of defendant’s society.

Third. That plaintiffs were not the son and husband of the deceased, and therefore not entitled to the proceeds of the policy herein sued upon.

There was judgment by the lower court for the defendant, and plaintiffs have appealed. .

We shall discuss the defenses in the order as listed above.

In order that plaintiffs may recover, it was incumbent upon them to prove that Clara Navous was in good-standing at the time of her death. In order to do so, the plaintiffs offered the-testimony of Rosa Brown, the matron, and Susie Owens, the financial secretary, of the subordinate lodge, and which lodge, at the time of the trial of this cause, was no-longer in good standing, nor was it in good standing at the death of the said Clara. Navous.

In their attempt to prove that Clara Navous was in good standing at the time of death, plaintiffs offered the financial-book of Clara Navous, and which was marked “P-3,” and proceeded to verify the same by the testimony of the matron- and the financial secretary, shows the following entries: This book

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Bluebook (online)
165 So. 726, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morgan-v-mt-olive-gr-c-o-e-s-lactapp-1936.