Newman v. Covenant Mut. Ben. Asso.
Supreme Court of Iowa
Appeal from Linn District Court. This is an action at law, wherein the plaintiff, as trustee of the beneficiary named in a certain certificate of membership issued to one Hewitt in the defendant association, seeks to recover a judgment of $5,000 upon the certificate. There was a trial to a jury, and judgment and verdict were rendered for tbe plaintiff for the amount claimed. The defendant appeals.
1Opinion of the Court
Adams, Ch. J.
1. life insurment pian: remedy on certificate, The defendant refused to make an assessment, the refusal being based upon the ground, as alleged, that the certificate had become forfeited by a violation oí its provisions by the person to whom . . . it had been issued, lhe jury found against the defendant upon the alleged forfeiture. The defendant, however, insists that in no event can it be made liable in an action at law for more than nominal damages, in the absence of an assessment, and that the plaintiff’s remedy, if he has any, is by a proceeding to compel an assessment to be…
2Cases cited3 opinions
- Bailey v. Mutual Benefit Ass'nSupreme Court of Iowa · 1886
- Covenant Mutual Benefit Ass'n v. SearsIllinois Supreme Court · 1885
- Curtis v. Mutual Benefit Life Co.Supreme Court of Connecticut · 1880
3Cited by17 opinions
- Newman v. Covenant Mutual Insurance Ass'nSupreme Court of Iowa · 1888
- Lawler v. MurphySupreme Court of Connecticut · 1889
- Burdon v. Massachusetts Safety Fund Ass'nMassachusetts Supreme Judicial Court · 1888
- Congower v. Equitable Mutual Life & Endowment Ass'nSupreme Court of Iowa · 1895
- McAnulty v. PeisenSupreme Court of Iowa · 1929
12 more not listed; retrieve them via the Exa API.