Price

Supreme Lodge of the Fraternal Brotherhood v. Price

Good Law
1915 Cal. App. LEXIS 462·27 Cal. App. 607·150 P. 803
Court of Appeal of CaliforniaJune 11, 1915Civ. No. 1362.California6,195 words

Opinion

Lead Opinion

Hart, J.

The plaintiff brought this action against the defendants for the purpose of compelling them to interplead and litigate among themselves their respective claims to the sum of one thousand dollars, which the plaintiff admits is due from it to the rightful beneficiaries” of one Vivian Viola Jones, deceased.

The cause was tried before a jury and a verdict rendered in favor of the defendants, Nellie and Willie Jones, and judgment thereupon entered accordingly.

The defendant, Libby V. Price, brings the cause to this court on an appeal from the judgment and from the order requiring the defendants to interplead and litigate their respective claims to the money in dispute, from a restraining order issued in the case, and from the order permitting the plaintiff to deposit the said money in court, subject to the decision herein.

The plaintiff is a corporation organized and existing in pursuance of the laws of the state of California, and is the governing body of a fraternal benefit society known as the “Fraternal Brotherhood,” which society is maintained “for the mutual benefit of its members,” Said society issues to its members benefit certificates providing for the payment of benefits…

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