Puls v. Grand Lodge of the Ancient Order of United Workmen
North Dakota Supreme Court
The officers of the subordinate lodges are the agents of the members thereof in the transaction of all official business required of them by the beneficiary rules, and are not the agents of the grand lodge. 'Graves v. M. W. A., 89 N. W. 6; Elder v. Grand Lodge A. O. U. W„ 83 N. W. 987; Grand Lodge A. O. U. W. v. King, 38 N. E. 353. The testimony of the witness Smith, that the deceased when sick said he had taken horse medicine, was incompetent and hearsay, made out of the…
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The officers of the subordinate lodges are the agents of the members thereof in the transaction of all official business required of them by the beneficiary rules, and are not the agents of the grand lodge. 'Graves v. M. W. A., 89 N. W. 6; Elder v. Grand Lodge A. O. U. W„ 83 N. W. 987; Grand Lodge A. O. U. W. v. King, 38 N. E. 353. The testimony of the witness Smith, that the deceased when sick said he had taken horse medicine, was incompetent and hearsay, made out of the hearing of the defendant, and no part of the res gestae, and intended to help plaintiff’s case. Riley v. Riley, 9 N. D.…
1Opinion of the CourtEngerud, J.
This is an action to recover upon a beneficiary certificate or policy of insurance issued by defendant to plaintiff’s husband, Barney Puls, and payable to plaintiff upon the death of her husband. The trial resulted in a verdict for plaintiff. Defendant has appealed from the judgment entered on the verdict.
Appellant is a benevolent and fraternal insurance association, made up of three interdependant organizations — a supreme lodge; a state grand lodge, having authority from the higher order; and subordinate lodges throughout the state, chartered by the grand lodge. The grand lodge (appellant…
2Cases cited24 opinions
- Insurance Co. v. MosleySupreme Court of the United States · 1869
- Louisville, New Albany & Chicago Railway Co. v. BuckIndiana Supreme Court · 1889
- Harriman v. StoweSupreme Court of Missouri · 1874
- Keyes v. City of Cedar FallsSupreme Court of Iowa · 1899
- Peirce v. Van DusenCourt of Appeals for the Sixth Circuit · 1897
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3Cited by13 opinions
- United States v. NarcisoDistrict Court, E.D. Michigan · 1977
- Gotchy v. North Dakota Workmen's Compensation BureauNorth Dakota Supreme Court · 1923
- State v. BlydenburgSupreme Court of Iowa · 1907
- Jacobson v. Mutual Benefit Health & Accident Ass'nNorth Dakota Supreme Court · 1941
- State v. WilsonSupreme Court of Iowa · 1913
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