Krause v. Modern Woodmen of America
Supreme Court of Iowa
Appeal from Muscatine District Court. — - Hon. D. V, Jackson, Judge. The petition alleged that “ defendant is a corporation organized under, and by virtue of, the laws of the State of Illinois as a life insurance and beneficiál sociéty, with its head office at Kock Island in said State, and various subordinate lodges at other and divers places, of which one is located at Muscatine, Iowa ”; that August Krause became a member of such lodge July 26, 1898, to whom defendant then…
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Appeal from Muscatine District Court. — - Hon. D. V, Jackson, Judge. The petition alleged that “ defendant is a corporation organized under, and by virtue of, the laws of the State of Illinois as a life insurance and beneficiál sociéty, with its head office at Kock Island in said State, and various subordinate lodges at other and divers places, of which one is located at Muscatine, Iowa ”; that August Krause became a member of such lodge July 26, 1898, to whom defendant then issued an insurance policy on his life in' the sum of $1,000, with plaintiff named therein as beneficiary; that the…
1Opinion of the Court
Ladd, J.—
1 Beneficialinsurance: warranties. The answer raised but one issue and that is whether the certificate of- insurance was void owing to a misstatement in the application of the age of deceased. The general denial of the general ^ allegation of conditions precedent m the petition did not put them in issue. Sections 3626, 3628, Code.
A by-law of the society well pleaded fixed the maximum age of admission at forty-five years. According to the answer the insured at the time of signing the application was over forty-seven years of age, but stated therein that he was under forty-five years.…
2Cases cited17 opinions
- Supreme Lodge, Knights of Honor v. DavisSupreme Court of Colorado · 1899
- Dolan v. Mutual Reserve Fund Life Ass'nMassachusetts Supreme Judicial Court · 1899
- Morrison v. Wisconsin Odd Fellows' Mutual Life InsuranceWisconsin Supreme Court · 1884
- Nelson v. Nederland Life InsuranceSupreme Court of Iowa · 1900
- Steele v. Fraternal TribunesIllinois Supreme Court · 1905
12 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Washington Nat. Ins. Co. v. ScottSupreme Court of Alabama · 1935
- Sargent v. Modern Brotherhood of AmericaSupreme Court of Iowa · 1910
- Richey v. Sovereign Camp of the Woodmen of the WorldSupreme Court of Iowa · 1918
- Bush v. Modern Woodmen of AmericaSupreme Court of Iowa · 1915
- Lakka v. Modern Brotherhood of AmericaSupreme Court of Iowa · 1913
6 more not listed; retrieve them via the Exa API.