Legal Opinion

Hughes v. Modern Woodmen of America

Supreme Court of Minnesota

Decided February 6, 1914No. Nos. 18,219—(60)PublishedCited by 10 opinions

Action in the district court for Ramsey county to recover $2,000 upon defendant’s benefit certificate of insurance upon the life of John Hyland. ' The facts are stated in the opinion. The case was tried before Nelly, J., who submitted to the jury the single question of whether the insured had misrepresented his age, and a jury which returned a verdict in favor of plaintiff. From an order denying its motion for a new trial, defendant appealed.

1Opinion of the Court

Taylor, C.

Defendant, a fraternal beneficiary association, issued a policy or benefit certificate for $2,000 to John Hyland in which plaintiff, his sister, was named as beneficiary. After the death of her brother, plaintiff brought this suit in the district court of Ramsey county to recover the amount of the insurance. The association in its answer asserted that the insurance had been obtained by means of fraudulent misrepresentations as to the age of Hyland, and also that he had substituted his daughter, Anna Hyland Tierney, as beneficiary in place of plaintiff. At the trial it appeared that…

2Cases cited20 opinions

  1. Supreme Conclave v. CappellaU.S. Circuit Court for the District of Eastern Michigan · 1890
  2. Luhrs v. . LuhrsNew York Court of Appeals · 1890
  3. Jory v. Supreme Council American Legion of HonorCalifornia Supreme Court · 1894
  4. Marsh v. Supreme Council American Legion of HonorMassachusetts Supreme Judicial Court · 1889
  5. Lahey v. . LaheyNew York Court of Appeals · 1903

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3Cited by10 opinions

  1. Doering v. BuechlerCourt of Appeals for the Eighth Circuit · 1945
  2. Modern Woodmen of America v. HeadleSupreme Court of Vermont · 1914
  3. State Mutual Life Assurance Co. v. BessettSupreme Court of Rhode Island · 1918
  4. Boehne v. Guardian Life Insurance Co. of AmericaSupreme Court of Minnesota · 1947
  5. Brotherhood of Railroad Trainmen v. BensonDistrict Court, D. Minnesota · 1930

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