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GREEN v. PATRIOTIC ORDER SONS OF AMERICA

No. 381.

87 S.E.2d 14 (1955)

242 N.C. 78

Annie GREEN v. PATRIOTIC ORDER SONS OF AMERICA, Inc.; Funeral Benefit Association of the State Camp of North Carolina, Patriotic Order Sons of America, Inc.

Supreme Court of North Carolina.

April 13, 1955.

Attorney(s) appearing for the Case

John Hugh Williams, Concord, for plaintiff appellant.

Hugh G. Mitchell, Statesville, Hartsell & Hartsell, William L. Mills, Jr., Concord, for defendant appellee.

WINBORNE, Justice.

Upon the stipulated facts of the case in hand, as shown in the record on appeal, and as hereinabove set forth, two questions arise for decision on this appeal: (1) Was Green "over the age of fifty years" on 20 June, 1944, the date on which he was reenrolled as a member of a Funeral Benefit Association within the meaning of the bylaws of the association?

(2) If so, did the Funeral Benefit Association waive such age requirement?

The...

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