International Order of Twelve Knights & Daughters of Tabor v. Wilson
International Order of Twelve Knights & Daughters of Tabor v. Wilson
Opinion of the Court
A. G. Wilson, the surviving wife of G. W. Wilson, deceased, and G. W. Wilson, his father, instituted this suit against appellant, a negro fraternal organization, on a certificate for $300, issued by appellant to *321 the deceased; $200 being payable to the wife and $100 to the father. It was alleged that at the time of his death G. W. Wilson •‘was a member of Green Bay Temple Number 19, of Dallas county, Texas, which said Green Bay Temple is a subdivision of the defendant order.” The defenses were that deceased was never a member of Green Bay Temple, but had been a member of King Solomon Temple, and that “he was unfinaneial with said temple, and was in no way entitled to any benefits therefrom.” It was also alleged that the deceased had been suspended from King Solomon Temple on account of his “unfinaneial” condition, which seems to mean that he had not paid all his dues and endowment and burial funds. Twenty-four pages of the typewritten transcript are devoted to setting out the cause of action and defenses.
The testimony tended to show that G. W. Wilson, deceased, was never in reality a member of Green Bay Temple because of his failure to obtain a transfer from King Solomon’s Temple, of which he was a member, and to pay the amounts due that temple. It appears that he attempted to join Green Bay Temple to avoid the dues he owed in the other temple, from which he was suspended in May, 1910, for failure to pay his indebtedness. He died in July, 1910.
The testimony as to conversations between officers of appellant and the attorney for appellees was immaterial, and should not have been admitted.
The overwhelming, weight of the testimony was against the contention of appellees; and the evidence showed that the deceased was in arrears to his temple and was rightfully suspended, and was so suspended when he died. His wife and father are not, under the rules of the organization, which were fully accepted by deceased, entitled to the insurance.
The judgment is reversed, and judgment here rendered that appellees take ■ nothing by their suit, and that appellant recover all costs in this behalf expended.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.