Malancy v. Malancy
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Lincoln county: A. II. Reid, Circuit Judge. This is an action by Louise Malancy to recover a fund of $1,000 from tbe Modern Woodmen of America, a fraternal benefit society, wbicb was originally a party to tbe suit, upon tbe membership of William Malancy, ber husband, in tbe society. Tressie Malancy, mother of William Malancy, also makes claim to tbe fund.
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Appeal from a judgment of tbe circuit court for Lincoln county: A. II. Reid, Circuit Judge. This is an action by Louise Malancy to recover a fund of $1,000 from tbe Modern Woodmen of America, a fraternal benefit society, wbicb was originally a party to tbe suit, upon tbe membership of William Malancy, ber husband, in tbe society. Tressie Malancy, mother of William Malancy, also makes claim to tbe fund. Tbe Modern Woodmen of America paid tbe fund into tbe court to abide tbe result of this action. Tbe action was dismissed as to tbe society and proceeded as to tbe other parties. William Malancy…
1Opinion of the CourtSiebecker, J.
There is no dispute concerning the issuing of the certificates upon the decedent’s application to the society, that they became effective under its regulations, and that the proceeds thereof were properly paid into the court. The question presented is: Has the plaintiff any claim to the proceeds under the second certificate issued to the deceased in which she was named the sole beneficiary? It is contended that she acquired a special vested interest in this certificate for a valuable consideration and hence a right to the proceeds thereof, of which she cannot be deprived without her consent…
2Cases cited6 opinions
- Hutson v. JensonWisconsin Supreme Court · 1901
- Rawson v. Milwaukee Mutual Life InsuranceWisconsin Supreme Court · 1902
- Faubel v. EckhartWisconsin Supreme Court · 1912
- Thomas v. CovertWisconsin Supreme Court · 1906
- Ormond v. McKinleyWisconsin Supreme Court · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Richards v. RichardsWisconsin Supreme Court · 1973
- Summers v. SummersSupreme Court of Alabama · 1928
- Lee v. PreissWisconsin Supreme Court · 1962
- American Casualty Co. v. M. S. L. Industries, Inc.Court of Appeals for the Seventh Circuit · 1969
- American Casualty Co. v. M. S. L. Industries, Inc.District Court, E.D. Wisconsin · 1968
3 more not listed; retrieve them via the Exa API.