# Grand Lodge of the Brotherhood of Railroad Trainmen v. Cothran

> Supreme Court of Arkansas · January 28, 1935 · 190 Ark. 234

URL: https://www.frixlaw.com/law-library/cases/3272850

## Case

- **Full name:** Grand Lodge of the Brotherhood of Railroad Trainmen v. Cothran.
- **Court:** Supreme Court of Arkansas
- **Decided:** January 28, 1935
- **Citations:** 190 Ark. 234; 79 S.W.2d 438; 1935 Ark. LEXIS 72
- **Precedential status:** Published
- **Opinion:** Dissent by Johnson
- **Judges:** McHaney, Johnson, Humphreys, Mehapey
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3272850

## Opinion text

Johnson, C. J.,
(dissenting). The general principles and authorities substantiating the reasons for my dissent here are fully set forth in my dissent in New York Life Ins. Co. v. Moose, ante p. 161, and the curious are referred thereto.
But, aside from the law of the case as discussed in the dissent referred to, appellant is in no position to invoke the six months condition of its policy here to defeat recovery. Appellant admits that it held this claim for a period of more than two years, but never invoked the action of the Insurance Board upon which this condition is based or had this Board to exercise any jurisdiction therein.
It is, indeed, a strange doctrine which permits appellant to plead in bar of a valid claim an act by its Board which was never invoked or exercised.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3272850. Public record. Not legal advice.