Taylor v. Grand Lodge of the Ancient Order of United Workmen
North Dakota Supreme Court
Appeal from a judgment of the District Court of Cass County, Honorable A. T. Cole, Judge. A gift by a donor who is ignorant of the fact that he is giving cannot be sustained by a court. A. O. TJ. W. v. Gandy (N. J. L.) 53 Atl. 146. Insured had no interest at all capable of being transferred by gift or assignment to respondent. This is also the clear voice of authority.
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Appeal from a judgment of the District Court of Cass County, Honorable A. T. Cole, Judge. A gift by a donor who is ignorant of the fact that he is giving cannot be sustained by a court. A. O. TJ. W. v. Gandy (N. J. L.) 53 Atl. 146. Insured had no interest at all capable of being transferred by gift or assignment to respondent. This is also the clear voice of authority. M. W. A. v. Headle (Vt.) L.B.A.1915A, 586; Holland v. Taylor, 111 Ind. 121, 12 N. E. 116; Fink v. Fink, 171 N. Y. 616, 64 N. E. 508; Ireland v. Ireland, 42 Hun, 212. The member could not change the beneficiary by will, because…
1Opinion of the CourtGrace, J.
This action is one by the' plaintiff, claiming, as beneficiary, to recover the amount- of a certain beneficiary certificate issued by the defendant to Robert Ryan.
The material facts in the case are substantially as follows: On the 18th day of February, 1909, the defendant, through its local lodge at Minnewaukan, North Dakota, issued to Robert Ryan, its benefit certificate No. 4140, in the sum of $2,000.
In the certificate, when issued, Maggie Ryan, now Margaret Jane Davis, the appellant, was named as the sole beneficiary, and she now claims the proceeds thereof. Until Sunday, January 26,-…
2Cases cited6 opinions
- Fink v. . FinkNew York Court of Appeals · 1902
- Supreme Conclave v. CappellaU.S. Circuit Court for the District of Eastern Michigan · 1890
- McCarthy v. Supreme Lodge New England Order of ProtectionMassachusetts Supreme Judicial Court · 1891
- Thomas v. . ThomasNew York Court of Appeals · 1892
- Modern Woodmen of America v. HeadleSupreme Court of Vermont · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Thomas v. Locomotive Engineers' Mutual Life & Accident InsuranceSupreme Court of Iowa · 1921
- Union Mutual Life Insurance v. LindamoodWest Virginia Supreme Court · 1930
- Bell v. CrivianskyMontana Supreme Court · 1934
- Rasmussen v. Mutual Life InsuranceNorth Dakota Supreme Court · 1940
- Nunn v. Equitable Life Assurance Society of the United StatesNorth Dakota Supreme Court · 1978
4 more not listed; retrieve them via the Exa API.