Atten v. Modern Brotherhood of America
Supreme Court of Iowa
Appeal from Fayette District Court.— Hon. L. E. Eel-lows, Judge. Action at law upon an accident benefit certificate in the defendant company for an amount agreed to be paid for the breaking of an arm. Defendant denied that plaintiff’s arm was so broken as to entitle him to recover. The case was tried to the court, resulting in a judgment for plaintiff, and defendant appeals.—
1Opinion of the Court
Deemer, J.—
Plaintiff received an injury, breaking one of the bones of his forearm. The acident occurred September 23, 1900. TIis certificate was issued July, -1898, and provided. that if a member in good standing should accidently break his arm or leg, he should receive “ one-tenth the amount his beneficiary would have been entitled to receive in case of the death of the member.” The certificate also contained this provision: “ This certificate, the articles of incorporation, the fundamental laws, by-laws, rules, and regulations of the society now in force, or which may be hereafter adopted,…
2Cases cited5 opinions
- Peck v. ElliottCourt of Appeals for the Sixth Circuit · 1897
- Sieverts v. National Benevolent Ass'nSupreme Court of Iowa · 1895
- Ireland v. Globe Milling & Reduction Co.Supreme Court of Rhode Island · 1895
- North Milwaukee Town Site Co. No. 2 v. BishopWisconsin Supreme Court · 1899
- Kirkpatrick v. U. P. ChurchSupreme Court of Iowa · 1884
3Cited by2 opinions
- State ex rel. Daubenspeck v. DayIndiana Supreme Court · 1919
- McCallister v. Shannondale Coöperative Telephone Co.Indiana Court of Appeals · 1911