Perine v. Grand Lodge of Ancient Order United Workmen
Supreme Court of Minnesota
Appeal by defendant from an order of the district court of Hennepin county, Canty, J., made July 17, 1891, refusing a new trial. The action was brought by Louisa Perine, as general guardian of Edward G. Perine, an infant, against the Grand Lodge of the Ancient Order United Workmen, State of Minnesota, to recover $2,000 and interest on account of the death, on August 15, 1886, of his father, Sullivan C. Perine, while a member of Calhoun lodge No. 92, Minneapolis.
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Appeal by defendant from an order of the district court of Hennepin county, Canty, J., made July 17, 1891, refusing a new trial. The action was brought by Louisa Perine, as general guardian of Edward G. Perine, an infant, against the Grand Lodge of the Ancient Order United Workmen, State of Minnesota, to recover $2,000 and interest on account of the death, on August 15, 1886, of his father, Sullivan C. Perine, while a member of Calhoun lodge No. 92, Minneapolis. This lodge was first instituted June 30, 1886, by a deputy grand master workman, who was authorized to institute lodges pursuant to…
1Opinion of the CourtMitchell, J.
This action was brought by and. in the name of Louisa Perine, probate guardian of the person and estate of Edward G. Perine, a minor, to recover on a cause of action in favor of her ward, as beneficiary of a contract of insurance upon the life of his father, alleged to have been made by defendant with the father as a member of a subordinate lodge of the order. The action should have been brought in the name of the minor. The rule at common law and in equity was that an infant had to sue in his own name, but by his guardian or next friend, and this has not been changed by statute. The infant…
2Cases cited1 opinion
- Marvin v. DutcherSupreme Court of Minnesota · 1880
3Cited by38 opinions
- Bigelow v. DraperNorth Dakota Supreme Court · 1896
- Taylor v. Grand LodgeSupreme Court of Minnesota · 1905
- Martineau v. City of St. PaulCourt of Appeals for the Eighth Circuit · 1949
- Daniher v. Grand Lodge Ancient Order of United WorkmenUtah Supreme Court · 1894
- Ehmke v. HillSupreme Court of Minnesota · 1952
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