Seeds v. Grand Lodge of Iowa
Supreme Court of Iowa
Appeal from Delatoare District Court. — Hon. J. L. Husted, Judge. This action is brought to recover upon a certificate of insurance issued by the defendant to Edward Rowell for two thousand dollars, payable athis death to his wife, Margaret Rowell. Margaret Rowell, claiming that her said husband was dead, served proofs of death upon the defendant on July 20, 1889, and demanded payment of said certificate, which was refused.
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Appeal from Delatoare District Court. — Hon. J. L. Husted, Judge. This action is brought to recover upon a certificate of insurance issued by the defendant to Edward Rowell for two thousand dollars, payable athis death to his wife, Margaret Rowell. Margaret Rowell, claiming that her said husband was dead, served proofs of death upon the defendant on July 20, 1889, and demanded payment of said certificate, which was refused. On July 28, 1889, Mrs. Eowell died, leaving a will bequeathing most of her estate to Edward F. Howell, minor son and only child' of said Margaret and Edward Eowell. The…
1Opinion of the CourtGiven, J.
I. All dues and assessments payable under the certificate sued upon were paid up to and including August 15,1884, and none thereafter. Under the contract of insurance, Edward Eowell, if then living, became suspended from membership, and said certificate forfeited, September 28, 1884, for a failure to pay an assessment, and on December 31,1884, for a failure to pay dues. Under the issues, the burden was upon the plaintiff to show that the assured died during the life of the certificate. Edward Eowell has been absent and unheard of since August 5, 1882, or, according to the statement of one…
2Cases cited2 opinions
- Tisdale v. Connecticut Mutual Life InsuranceSupreme Court of Iowa · 1868
- Meyer v. HouckSupreme Court of Iowa · 1892
3Cited by19 opinions
- Leach v. HallSupreme Court of Iowa · 1895
- Northwestern Mut. Life Ins. v. StevensCourt of Appeals for the Eighth Circuit · 1895
- Maxwell v. MaxwellNebraska Supreme Court · 1921
- Smith v. FullerSupreme Court of Iowa · 1908
- Magness v. Modern Woodmen of AmericaSupreme Court of Iowa · 1909
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