Brotherhood Locomotive Firemen v. Hand

Mississippi Supreme Court
Brotherhood Locomotive Firemen v. Hand, 90 Miss. 893 (Miss. 1907)
44 So. 161
Mates

Brotherhood Locomotive Firemen v. Hand

Opinion of the Court

Mates, ’J.,

delivered the opinion of the court.

After the most careful review of this record, we feel compelled to differ from the chancellor in the conclusion reached by him that there was a contract of insurance. Of course, if no contract of insurance had been effected, there could be no recovery, and our view of this record is that Vinton M. Hand, deceased, who it is claimed had taken out an insurance policy for the sum of $1,500 in the Brotherhood of Locomotive Firemen, never effected any insurance, and therefore there was no right to recovery. We deem it needless to rehearse the testimony in this case, further than to say that, though Vinton M. Hand *900made application for insurance, it was never effected, because of the noncompliance by him with the regulations of the order.

Wherefore the decree appealed from is reversed, and the bill dismissed.

Reference

Full Case Name
Brotherhood Locomotive Firemen v. Sarah C. Hand
Cited By
4 cases
Status
Published
Syllabus
Insurance. Contracts. Benefit association. Application rejected. A contract cannot be predicated of an application to a benefit asso- . ciation for life insurance by one who failed to comply with the regulations of the order and whose application was not passed upon by the medical examiner of the association until after the applicant’s death, and then rejected.