35 Ind. App. 73 | Ind. Ct. App. | 1904
Suit instituted by appellee against the Supreme Lodge Knights of Honor, William H. Carter and George A. Carter. The supreme lodge filed its verified interpleader, in which it stated upon information and belief the death of William B. Carter, who was a member of its order, and admitted its liability to pay to the proper bene*
The second paragraph, in addition to the foregoing facts, sets up the making of an antenuptial contract between appellee and William B. Carter, and that such contract provided, among other things, that he should make over to her, as soon as she became his wife, the benefit certificate held by him in said supreme lodge; that she thereafter, in consideration thereof, did marry him, and that in compliance with his agreement he surrendered the certificate then held by him, and procured a new one to be issued, payable upon his death to her; that said certificate is in force, has never been paid, and that she is entitled to said sum.
In the third paragraph a conspiracy between appellant George A. Carter and said William B. Carter is averred to have existed, in carrying out which said William B. Carter fraudulently, and without her knowledge, procured the issuance of another certificate by said supreme lodge, payable to George A. Carter,, who had full knowledge of the certificate held by her, of the antenuptial contract aforesaid, and who gave no consideration therefor.
In the fourth paragraph it is further charged that at the time William B. Carter procured the issuance of the last-
Various pleadings were filed by William II. Carter, who was an original defendant, and by certain intervenors, but none of such parties are interested in this appeal. These pleadings will not, therefore, be further referred to and the word appellant will be used as relating to> George A. Carter alone. Appellant’s demurrer to the second, third and fourth paragraphs of this “amended and supplemental complaint” was sustained. lie thereupon filed an answer to the first paragraph, in the second paragraph of which he admitted the issuance of the benefit certificate payable to appellee as set out in her complaint, and in connection therewith he avers that by the constitution of the Knights of Honor, a copy of which is filed with the pleading, it is provided that “if the benefit certificate of a member be lost or beyond his control, the member may in writing surrender all claims thereto, and direct that a new certificate be issued to him, payable to the same or other beneficiary, in accordance with the laws of the order, upon making affidavit of the facts, and paying a fee of fifty cents, to be forwarded by the subordinate lodge, with the affidavit to the supreme reporter.” Eacts are further pleaded showing’ a compliance by William B. Carter with the terms of said provision, and the issuance in accordance therewith of a new certificate payable to appellant. Appellee, replying to this paragraph of answer, the other paragraphs not being material at this time, set up the same facts in substantially the same form as in those paragraphs of her complaint to which demurrers had been sustained. Appellant also filed a cross-complaint, in which he counted upon the benefit certificate in terms made payable to him, and issued in place of the certificate sued upon by appellee. Appellee, in answering such cross-complaint, duplicated, except as to formal parts thereof, those paragraphs of
No reason for the reversal of the judgment has been pre^ seuted, and it is therefore affirmed.