Legal Opinion

Mudge v. Supreme Court

Michigan Supreme Court

Decided September 20, 1907No. Docket No. 72PublishedCited by 10 opinions

Error to St. Clair; Law, J. Assumpsit by Elizabeth Mudge against the Supreme Court Independent Order of Foresters upon a benefit certificate. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

1Opinion of the CourtHooker, J.

The plaintiff in this cause is a widow, and beneficiary in a fraternal benefit certificate. Her action is brought to recover the amount thereof, and is predicated upon the death of her husband. The defense *468is reduced to one claim, viz., that the deceased made an intentionally false answer, in his medical examination, to the question “ Have you ever had the disease of insanity ?” Upon the trial the learned circuit judge was of the opinion that the undisputed testimony established this defense, and he therefore directed a verdict for the defendant and afterwards denied a motion for new trial.…

2Cases cited11 opinions

  1. New York Life Insurance v. FletcherSupreme Court of the United States · 1886
  2. Welsh v. London Assurance Corp.Supreme Court of Pennsylvania · 1892
  3. Clemans v. Supreme Assembly Royal Society of Good FellowsNew York Court of Appeals · 1892
  4. Ketcham v. American Mutual Accident Ass'nMichigan Supreme Court · 1898
  5. United States Life Ins. v. SmithCourt of Appeals for the Sixth Circuit · 1899

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3Cited by10 opinions

  1. Mutual Aid Union v. BlacknallSupreme Court of Arkansas · 1917
  2. Bratley v. Brotherhood of American YeomenSupreme Court of Minnesota · 1924
  3. Brotherhood of Railroad Trainmen v. LongSupreme Court of Arkansas · 1932
  4. American Cent. Life Ins. v. First Nat. Bank of EnterpriseSupreme Court of Alabama · 1921
  5. Emery v. New York Life InsuranceSupreme Court of Missouri · 1927

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