Schmidt v. Modern Woodmen of America
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wimiebctgo County. The defendant is a fraternal benefit society, and as such issues certificates of life insurance to its members, entitling them, while in good standing in the fraternity, to participate in its benefit fund, in a sum not exceeding an amount specified in the certificate. . The organization of the fraternity is a head camp, supposed to be the supreme head of the order, and numerous local camps.
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APPEAL from the Circuit Court for Wimiebctgo County. The defendant is a fraternal benefit society, and as such issues certificates of life insurance to its members, entitling them, while in good standing in the fraternity, to participate in its benefit fund, in a sum not exceeding an amount specified in the certificate. . The organization of the fraternity is a head camp, supposed to be the supreme head of the order, and numerous local camps. Casper Schmidt, the husband of the plaintiff, was a member of Pinery Camp No. 318, located at Oshkosh, and held a benefit certificate of life insurance…
1Opinion of the CourtLyox, C. J.
There can be no doubt that at the time of his death Schmidt was in default to the defendant for nonpayment of assessment No. 3, which, by the rules of the defendant fraternity, worked a suspension of any right to benefits under the benefit certificate, unless the defendant or its officers did some act which operates as a waiver of the suspension or forfeiture.. It is claimed on behalf of the plaintiff that sending notice of assessment No. 4, while Schmidt was in default on assessment No. 3, operated as such -waiver. We think otherwise. It was the duty of the clerk, under the rules, to send…
2Cited by6 opinions
- Stiepel v. German American Mutual Life Ass'nMissouri Court of Appeals · 1893
- Koehler v. Modern Brotherhood of AmericaMichigan Supreme Court · 1910
- Catholic Order of Foresters v. LynchAppellate Court of Illinois · 1906
- Crawford v. North American UnionMissouri Court of Appeals · 1916
- Toelle v. Central Verein der Gegenseitigen Unterstuetzungs Gesellschaft GermaniaWisconsin Supreme Court · 1897
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