Legal Opinion

Daniher v. Grand Lodge Ancient Order of United Workmen

Utah Supreme Court

Decided June 4, 1894No. 380PublishedCited by 28 opinions

Appeal from the district court of tbe fourth judicial -district, Hon. James A. Miner, Judge. Action by Dennis Daniher against the Grand Lodge Ancient Order of United Workmen, Jurisdiction of Nevada, and all individual members of all lodges within said jurisdiction subordinate to and under the control of said Grand Lodge A. O. U. W. of Nevada, including D. Thorburn and N. M. Ruick. From a judgment for plaintiff, defendants appeal.

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Appeal from the district court of tbe fourth judicial -district, Hon. James A. Miner, Judge. Action by Dennis Daniher against the Grand Lodge Ancient Order of United Workmen, Jurisdiction of Nevada, and all individual members of all lodges within said jurisdiction subordinate to and under the control of said Grand Lodge A. O. U. W. of Nevada, including D. Thorburn and N. M. Ruick. From a judgment for plaintiff, defendants appeal. The case was tried upon an agreed statement of facts without qualification, which has the force and effect of a special verdict and no judgment should be pronounced…

1Opinion of the Court

BaRtoh, J.:

The plaintiff brought this action to recover $2,000, the amount oí a beneficiary certificate issued by the defendants to Jerry T. Daniher, who designated the plaintiff, his father, as his beneficiary, to whom payment should be made after his death. Jerry T. Daniher died November 18, 1888, and thereafter demand was made and payment refused. Upon the trial of the cause the court entered judgment in favor of the plaintiff, and thereupon the defendants appealed.

The first material question to be determined is whether there existed, between the deceased and the appellants, a contract of…

2Cases cited21 opinions

  1. Knickerbocker Life Insurance v. PendletonSupreme Court of the United States · 1884
  2. Commonwealth v. WetherbeeMassachusetts Supreme Judicial Court · 1870
  3. Williams v. Hartford Ins. Co.California Supreme Court · 1880
  4. McCorkle v. Texas Benevolent Ass'nTexas Supreme Court · 1888
  5. Perine v. Grand Lodge of Ancient Order United WorkmenSupreme Court of Minnesota · 1892

16 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Barnhart v. Civil Service Employees Insurance CompanyUtah Supreme Court · 1965
  2. United Order of Golden Cross v. HooserSupreme Court of Alabama · 1909
  3. Supreme Lodge of the Order of Select Friends v. RaymondSupreme Court of Kansas · 1897
  4. Grimbley v. HarroldCalifornia Supreme Court · 1899
  5. Brotherhood of Railroad Trainmen v. BarnhillSupreme Court of Alabama · 1926

23 more not listed; retrieve them via the Exa API.

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