Garbutt v. Citizens' Life & Endowment Ass'n
Supreme Court of Iowa
Appeal from Cherokee District Court. — Hon. C. IE Lewis, Judge. The defendant is an assessment insurance company. Tlie plaintiff and John G-arbutt held a benefit-certificate in said company. John Garbutt died on the-eighth day of March, 1887. This is an action in equity by which the plaintiff seeks to compel the defendant to-mate an assessment on its members to pay said death loss. The defendant filed an answer, to which the plaintiff demurred. The demurrer was overruled.
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Appeal from Cherokee District Court. — Hon. C. IE Lewis, Judge. The defendant is an assessment insurance company. Tlie plaintiff and John G-arbutt held a benefit-certificate in said company. John Garbutt died on the-eighth day of March, 1887. This is an action in equity by which the plaintiff seeks to compel the defendant to-mate an assessment on its members to pay said death loss. The defendant filed an answer, to which the plaintiff demurred. The demurrer was overruled. Judgment was rendered against the plaintiff for costs, and she appeals.
1Opinion of the CourtRothrock, J.
It is not necessary to set out the pleadings in full. We will state what we regard as the material facts which are admitted by the demurrer to the answer. The benefit certificate was issued to. the plaintiff and John Garbutt on the twenty-ninth day of May, 1886, and was in the sum of twenty-five hundred dollars. It recites that twenty dollars was in hand paid by the insured, and there is an obligation to pay assessments for death losses, and in consideration of the payment the plaintiff and John Garbutt were con*295stituted members of the association. The language in reference to their membership…
2Cases cited1 opinion
- Mandego v. Centennial Mutual Life Ass'nSupreme Court of Iowa · 1884
3Cited by7 opinions
- Goodwin v. Provident Savings Life Assurance Ass'nSupreme Court of Iowa · 1896
- Garretson v. Equitable Mutual Life & Endowment Ass'nSupreme Court of Iowa · 1895
- Dille v. LongwellSupreme Court of Iowa · 1920
- Pray v. Life Indemnity & Security Co.Supreme Court of Iowa · 1897
- Modern Brotherhood of America Lodge v. BaileySupreme Court of Oklahoma · 1915
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