Scott v. Homesteaders
Supreme Court of Iowa
Appeal from Wapello District Court. — Hon. M. A. Roberts, Judge. Action at law to recover a death benefit on a certificate of membership in a fraternal beneficiary association. The defense was that the deceased came to his death by means of suicide. Verdict and judgment for the plaintiff. Defendant appeals.
1Opinion of the CourtEvans, J.
The plaintiff is the widow of B. W. Scott, and is the beneficiary named in a certificate of membership and insurance held by the said Scott in his lifetime in the defendant as a fraternal beneficiary association. One of the provisions of such certificate is that it shall be void if the holder thereof die by his own hand, except by accident. The certificate was issued on January 9, 1906. On January 20, 1907, Scott died from a gunshot wound. The immediate circumstances of his death are involved in much uncertainty. Circumstantial evidence alone is relied on by both parties; the burden of proof…
2Cases cited6 opinions
- Thrawley v. StateIndiana Supreme Court · 1899
- Jerolman v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1899
- Rosenbaum Bros. v. LevittSupreme Court of Iowa · 1899
- State v. NowellsSupreme Court of Iowa · 1906
- Scott v. Sovereign Camp of the Woodmen of the WorldSupreme Court of Iowa · 1910
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3Cited by7 opinions
- Palleson v. Jewell Cooperative ElevatorSupreme Court of Iowa · 1974
- Epperson v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
- Michalek v. Modern Brotherhood of AmericaSupreme Court of Iowa · 1917
- State v. JohnsSupreme Court of Iowa · 1911
- Althof v. BensonSupreme Court of Iowa · 1967
2 more not listed; retrieve them via the Exa API.