Lavin v. Mutual Aid Society
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee Count)'. Action to recover the sum of $300 which it is alleged the plaintiff became entitled to receive from the defendant corporation by reason of the death of her husband, a member of said society. The facts are stated in the opinion. The certificate therein referred to was made in Prussia, and the translation thereof is as follows: “According to the record of baptisms of the Ev.
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APPEAL from the Circuit Court for Milwaukee Count)'. Action to recover the sum of $300 which it is alleged the plaintiff became entitled to receive from the defendant corporation by reason of the death of her husband, a member of said society. The facts are stated in the opinion. The certificate therein referred to was made in Prussia, and the translation thereof is as follows: “According to the record of baptisms of the Ev. Church in Yandsburg, there was born in Eunowa to Michael Lavin, by his wife Eosina, born Belau, on the 31st (thirty-, first) of March, 1833 (1800 thirty-three), a son,…
1Opinion of the CourtCole, C. J.
The constitution of the defendant corporation provided that persons belonging to an Evangelical Lutheran Congregation of Milwaukee, who were over eighteen and under forty-five years of age, and were healthy, able to work, and industrious, might become members of the association. These were the qualifications prescribed for persons desiring to become members.
The defense set up in the answer to defeat a recovery is, in substance, that the plaintiff’s husband, when he applied for admission in February, 1880, falsely and fraudulently represented that he was less than forty-five, while in fact he…
2Cases cited1 opinion
- Herman v. MasonWisconsin Supreme Court · 1875
3Cited by4 opinions
- Derinza's CaseMassachusetts Supreme Judicial Court · 1918
- Sandberg v. StateWisconsin Supreme Court · 1902
- Lambrecht v. HolsapleWisconsin Supreme Court · 1916
- United States v. BukisDistrict Court, E.D. Pennsylvania · 1936