Courtois

Courtois v. Grand Lodge of Ancient Order

Good Law
135 Cal. 552·1902 Cal. LEXIS 841·67 P. 970
Supreme Court of CaliforniaFebruary 21, 1902S.F. No. 2803.California2,189 words

Opinion

Lead Opinion

Haynes, J.

Gonzague M. V. Courtois was in his lifetime a member of the Ancient Order of United Workmen, and while such member there was issued to him a beneficiary certificate in the sum of two thousand dollars, in which Emilie Courtois, then his wife, was named as the beneficiary.

Said Emilie afterwards procured a divorce from her said husband, but without any provision for her support, and was permitted to resume her former name of Emilie Etienne. Said G-. M. Y. Courtois afterwards married the plaintiff Annie, and on January 7, 1900, died, without having in any manner changed the designation of the beneficiary of said certificate. Said Annie (the widow) and certain of the children of said Courtois brought this action against the defendant the grand lodge to recover two thousand dollars, the benefit named in said certificate, and made Marius J. Courtois, a son of said Courtois, a defendant, he having refused to become a plaintiff. Said Emilie, the beneficiary therein named, not having been made a party, filed her complaint as intervener, and prayed judgment for the sum named in said certificate.

The defendant the grand lodge answered the complaint, alleging its willingness to pay said sum…

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