Simcoke v. Grand Lodge of A. O. U. W.
Supreme Court of Iowa
.Appeal from Dallas District Court. — Hon. 0. B. Ayres, Judge. Action on a beneficiary certificate issued by the 'defendant grand lodge to one Lawrence E. Maulsby, -who was a member of tbe order, witb tbe plain tiff.named ••as beneficiary therein.
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.Appeal from Dallas District Court. — Hon. 0. B. Ayres, Judge. Action on a beneficiary certificate issued by the 'defendant grand lodge to one Lawrence E. Maulsby, -who was a member of tbe order, witb tbe plain tiff.named ••as beneficiary therein. Tbe issues are of law, arising upon a demurrer to the answer of E. P. Maulsby, who was a brother of Lawrence E. Maulsby, and was tbe beneficiary named in a certificate that was surrendered •.to tbe grand lodge, and in lieu of which tbe present certificate was issued. Tfie defendant grand lodge-makes no issue as to its liability upon a certificate,…
1Opinion of the CourtGranger, J.
I. Tbe constitution of tbe defendant order has tbe following provision:
1. Mutual Benefit Insurance: chance of beneficiary: rules of association. ‘‘Section 15. Any member bolding a ben efa ciary certificate, desiring at anytime- , to make a new direction as to its payment* may do so by authorizing such change in writing on tbe back of bis certificate in tbe form prescribed, attested by tbe recorder, with tbe seal of tbe lodge attached, and by payment to tbe grand lodge of tbe sum of fifty cents; but no change shall be valid or have any binding force or effect until said change shall have been…
2Cases cited4 opinions
- Splawn v. ChewTexas Supreme Court · 1883
- Titsworth v. TitsworthSupreme Court of Kansas · 1889
- Brown v. Grand Lodge of the Ancient Order of United WorkmenSupreme Court of Iowa · 1890
- Spear v. RobinsonSupreme Judicial Court of Maine · 1849
3Cited by34 opinions
- Delaney v. DelaneyIllinois Supreme Court · 1898
- In Re the Estate of BordeauxWashington Supreme Court · 1950
- State v. AllenSupreme Court of Iowa · 1981
- Wandell v. Mystic ToilersSupreme Court of Iowa · 1905
- Modern Woodmen of America v. HeadleSupreme Court of Vermont · 1914
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