The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-06-22

ed the defendants motion for nom suit
Held error.
CUTLER V. LUMBER co. Affirmed
Contract-Fraud in Treaty Fraud in
Factum
The plaintiff agreed with defendants
agent to sell defendant, for $25, all the
trees upon plaintiffs land which had
grown to Is inches in diameter since a
former sale by plaintiff to defendant. The
deed from plaintiff to defendant calls for
all the timber upon plaintiffs land and
conveys the land covered by defendant
traln-road
The circumstances under which the deed
was made are as follows Defendants
agent waited in the road about three
quarters of a mile from plaintiffs house,
while plaintiff went for his wife to come
and sign the deed, which the agent was
to write during plaintiffs absence. When
plaintiff returned the agent said, MAKE
haste and sign the deed; it is late and
/ am in a great hurry; I've got to go to
Washington tonight; this horse hasn't
got sense enough to stand STILL" The
agent then handed plaintiff the deed anal
asked him if he wished to read it. Plain
tiff replied that if the deed was drawn
all right The agent replied that the
deed was drawn as agreed, and plaintiff
signed it without reading it, The agent
was notary public and took the ac-
knowledgement of plaintiff and his wife,
Plaintiff could not read very we'll and
could not read at all without his eye
glasses which he had left at his house.
Held that there was sufficient evidence
~. s,,,axr r1la lin
tiffs evidence, if believed established a
case of fraud in the treaty.
The distinction between fraud in the
factum and fraud in the treaty, although
very slight, still exists and is important
to be observed. Medlin v. Buford, 115
N. C. 260.
The defendants objection to the plain
tiffs evidence upon the ground that 1t
tended to vary and contradict the term
of q deed is without force as the instru-
ment has not been established as the
deed of plaintiff and the plaintiffs evil
dence was necessary to show fraud.
BRAGAW v. SUPREME LODGE
KNIGHTS AND LADIES OF HONOR.
Affirmed.
I. Supreme and Subordinate Lodges
Agency-Insurance.
Where a foreign benevolent association,
having an insurance department separate
and distinct from it's social and fraternal
features, organizes under it's charter a
subordinate lodge in this State, with a
financial secretary elected by the meSl-
bers of the subordinate lodge, to whom
the insurance assessments are paid by
the insured members of the subordinate
lodge, and whose duty it is to remit the
assessments to the Supreme Lodge, such
financial secretary is the agent of the
Supreme Lodge and not the agent of the
insured members of the subordinate lodge.
Where, in such case, the bylaws OF the
association are, without notice to the in
sured changed so as to provide that the
financial secretary shall be the agent of
the subordinate lodge and not the agent
of the Supreme Lodge, and the subordi-
nate lodge is suspended by the Supreme
Lodge for it's failure to hold regular
meetings and for failure Of it's secretary
to remit the Insurance assessments, the
beneficiary of an insured member of the
subordinate lodge who, upon notice from
the Supreme Lodge, has paid all the as
sessments regularly to the secretary OF
the subordinate lodge after such suspen-
sion, is entitled to recover the amount OF
the, policy from the Supreme Lodge,
Atprovision that one shall become a
member of an association, subject to the
power of the association to change its
bylaws, cannot be construed as liberty
of the association to change at its WSl
the contract of insurance. ..t