Wiberg v. Minnesota Scandinavian Relief Ass'n
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $2,000 on a certificate of membership in defendant association. The cause was tried before Brill, J., without a jury, and findings were made in favor of plaintiff. From an order denying defendant’s motion for a new trial, it appealed. A waiver is an intentional relinquishment of a known right. It is actual intent upon actual knowledge that must be established to-make the case one of waiver.
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Action in the district court for Ramsey county to recover $2,000 on a certificate of membership in defendant association. The cause was tried before Brill, J., without a jury, and findings were made in favor of plaintiff. From an order denying defendant’s motion for a new trial, it appealed. A waiver is an intentional relinquishment of a known right. It is actual intent upon actual knowledge that must be established to-make the case one of waiver. Fitzpatrick v. Hartford, 56 Conn. 116; May, Ins. § 508; Titus v. Glens Falls, 81 N. Y. 410; Devens v. Mechanics, 83 N. Y. 168, 173; Robertson v.…
1Opinion of the CourtMitchell, J.
The defendant is a mutual benefit life insurance association. Its articles of association provided that applicants for membership must be not less than 21 nor more than 65 years of age, while its by-laws limited membership to persons not less than 21 and not more than 55 years of age. In December, 1882, Peter Wiberg made written application for membership in the association, in which he stated that his age was 53 years, and that he was born in 1829, when in fact he was born in 1825, and was over 57 years old. In this application Wiberg consented and agreed that any untrue or fraudulent…
2Cases cited2 opinions
- Morrison v. Wisconsin Odd Fellows' Mutual Life InsuranceWisconsin Supreme Court · 1884
- Davidson v. Old People's Mutual Benefit SocietySupreme Court of Minnesota · 1888
3Cited by11 opinions
- Taylor v. Grand LodgeSupreme Court of Minnesota · 1905
- German-American Insurance v. YeagleyIndiana Supreme Court · 1904
- Watts v. Equitable Mutual Life Ass'nSupreme Court of Iowa · 1900
- Timberlake v. Supreme CommanderyMassachusetts Supreme Judicial Court · 1911
- Mettner v. Northwestern National Life InsuranceSupreme Court of Iowa · 1905
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