District Grand Lodge v. Jones
District Grand Lodge v. Jones
Opinion of the Court
The appellee is the widow of Andrew Jones, and at the time of his death she held a life insurance policy, issued by appellant, on the life of the husband for the benefit of the appellee. The appellant had a local lodge to which said Andrew Jones belonged, and shortly after his death the appellee delivered the policy to the secretary of the local lodge. The policy was not paid, and this suit was brought to re
The only question presented to us for review is the action of the trial court in permitting secondary evidence of the contents of the policy to he introduced on the trial of the case. The original policy Avas not introduced in eAddence, and the trial court, against the seasonable objections of appellant, permitted appellee to offer secondary evidence of the contents of the policy; and the appellant, on this appeal, seeks a reversal of the judgment because of this ruling of the trial court, Avhich is here insisted upon as having been erroneous.
It is admitted by appellant that the question as to whether secondary evidence of a writing is or is not admissible is one, under the eAddence touching that subject, solely for the trial court. It is also admitted by the appellant that if the absence of a paper is properly accounted for, or if the paper is shown to be in the possession of. the opposite party, the proper demand has been made upon such opposite party to produce such paper, and the paper is not produced, then secondary evidence as to the contents of such paper may be introduced. Of course when there is a conflict in the preliminary proof as to whether or not the paper, as to the contents of AAdiich secondary evidence is offered, has been lost, or whether or not it is in the possession of the opposite party, the trial court, being the forum to which such preliminary proof is addressed, must determine that issue of fact; and on appeal the same reasonable presumptions should be indulged in favor of the findings of fact by the trial court on that subject as are indulged in its favor as to its findings on all other disputed issues of fact. In the present case the appellee
The evidence on this subject showed that the appellee, shortly after her husband’s death, delivered the policy to the local secretary of the proper subordinate lodge of appellant. It is not denied by appellant that this local secretary was the proper officer to receive the policy, and that its delivery by appellee to him was in accordance with the rules and regulations of appellant. The evidence, without dispute, shows that the local secretary was charged with the duty of forwarding the policy to the endowment secretary of the appellant; and, while the local secretary swore positively that he forwarded the policy to one Jackson, at Birmingham, and that Jackson was the endowment secretary at the time he so forwarded the policy, in view of the fact that the other evidence disclosed that one Pickens, who resided at Talladega, was, at that time, the endowment secretary, and that the local secretary was, as local secretary, communicating with Pickens as such endowment secretary, the trial court might well have found that, as Jackson was not the endowment secretary, the local secretary forwarded the policy to the real endowment secretary, and not to Jackson, at Birmingham. The local secretary was evidently mistaken when he testified that Jackson was secretary after September 13, 1910; and, while he testified that he sent to Jackson, the endowment secretary, after the 13th of September, the policy, nevertheless, as the evidence shows that on that very day the local secretary was corresponding with the new endowment secretary, Pickens, and the local seere
It is true that in its answers to the interrogatories propounded to it by appellee the appellant stated that it did not have the possesion of the policy; but it also stated that it had never had possession of it. This latter statement was, confessedly, untrue, as the uncontradicted evidence shows that the local secretary received it from appellee shortly after her husband’s death, .and his possession was appellant’s possession.' — Grand Lodge v. Hill, supra.
A careful examination of the evidence in the bill of exceptions convinces us that there was sufficient evidence adduced before the trial judge tending to show that the appellant was in the actual presumptive possession of the policy at the time of the trial to authorize him to so find, and we are therefore of the opinion that the record fails to disclose reversible error,
As we are of the opinion that the trial court was authorized to admit parol evidence of the contents of the policy for the reasons above stated, we have refrained from discussing the question as to whether, even if the trial judge had found from the evidence that the local •secretary sent the policy to Jackson after he had ceased to be the endowment secretary, such parol evidence was not, under the circumstances, properly admissible. As the policy went lawfully into the possession of the appellant, and as appellant had never returned the policy to appellee, it may be that, if appellant’s agent, through mistake, delivered the policy to a third person, the law, nevertheless, cast the duty upon appellant of producing the policy, when demanded by appellee for
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.