Schmidt v. Iowa Knights of Pythias Insurance
Supreme Court of Iowa
Appeal from Marshall District Court. — Hon. S. M. Weaver, Judge. Action to recover an amount alleged to be due on a certificate of insurance, issued by the defendant on the application of one Charles Schmidt. The defendant denies liability, pleads payment to the person entitled thereto, and, in a counterclaim, alleges an attempted change of beneficiary by Schmidt, and demands equitable relief.
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Appeal from Marshall District Court. — Hon. S. M. Weaver, Judge. Action to recover an amount alleged to be due on a certificate of insurance, issued by the defendant on the application of one Charles Schmidt. The defendant denies liability, pleads payment to the person entitled thereto, and, in a counterclaim, alleges an attempted change of beneficiary by Schmidt, and demands equitable relief. The cause was tried as an action in equity, and, judgment being rendered in favor of the plaintiff, the defendant appeals.
1Opinion of the CourtBobinson, J.
About the year 1877, Charles Schmidt deserted his wife, Carrie, leaving with her their son, Peter, the plaintiff in this action, who was then about seven years of age. Two years later a decree of divorce was rendered in favor of Carrie. In May, 1888, Charles Schmidt again married, and by his second wife, Annie, had a son, named John. In June, 1886, Charles Schmidt applied to the defendant for membership and insurance in favor of his son, Peter, and, , upon that application, the certificate in suit was issued. Whether that was before or after the birth of John is not shown. On June 25, 1888,…
2Cases cited2 opinions
- Hirschl v. ClarkSupreme Court of Iowa · 1890
- Brown v. Grand Council Northwestern Legion of HonorSupreme Court of Iowa · 1890
3Cited by10 opinions
- Wandell v. Mystic ToilersSupreme Court of Iowa · 1905
- Carpenter v. KnappSupreme Court of Iowa · 1897
- Finn v. WalshNorth Dakota Supreme Court · 1909
- Shuman v. Ancient Order of United WorkmenSupreme Court of Iowa · 1900
- Hall v. AllenMississippi Supreme Court · 1897
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