EPPS v. PETERS

1 Citing case

  1. Modern Free and Acc. Colored Masons, Etc. v. Preston

    17 So. 2d 404 (Ala. 1944)   Cited 2 times

    U.S. Health Acc. Ins. Co. v. Savage, 185 Ala. 232, 64 So. 340. The certificate is by the grand lodge and not the order, and the suit against the latter cannot be sustained. Epps v. Peters, 26 Ala. App. 108, 154 So. 123. Plaintiff was bound by the constitution and by-laws of the order, by which failure to pay dues rendered certificate void. Sovereign Camp W. O. W. v. Clarke, 229 Ala. 382, 157 So. 259; Grand Lodge v. Hannington, 26 Ala. App. 242, 157 So. 266. Burden of proving agency, of local lodge officers resting on plaintiff was not met. American Nat. Ins. Co. v. Brooks, 210 Ala. 317, 97 So. 790; Learned-Letcher Lumber Co. v. Ohatchie Lbr. Co., 111 Ala. 453, 17 So. 934; Rawleigh Co. v. Phillips, 232 Ala. 124, 167 So. 271. Formal writings control matters involved therein. Navco Hardwood Co. v. Mobile Gulf Nav. Co., 214 Ala. 176, 106 So. 862. Service in suit against fraternal unincorporated fraternal insurance society should have been on insurance commissioner.