Brown v. SteckLer
North Dakota Supreme Court
Garnishment to secure the proceeds of a life insurance certificate. Appeal from the District Court of Stark County, Honorable W. (7. Crawford, Judge. Judgment for defendants. Plaintiffs appeal.
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Garnishment to secure the proceeds of a life insurance certificate. Appeal from the District Court of Stark County, Honorable W. (7. Crawford, Judge. Judgment for defendants. Plaintiffs appeal. While there is a noted difference in the government of beneficial and fraternal societies and the.ordinary “old line” or stock insurance companies, yet it is generally settled that the contract for the payment of dues and assessments to indemnify them or their nominees' against loss for certain causes, such as death, is essentially a contract of insurance, and the rights and liabilities of the parties…
1Opinion of the Court
Bruce, Ch. J.
In this case the proceeds of a certificate of insux-anee in a fraternal insurance company are sought to be gax-nished in an action brought to recover on a debt owing- by the beneficiary, and the oxxly question raised by the specification of errors is the constitutionality of § 5053 of the Compiled Laws of 1913, which provides that “the money or other benefit, charity, relief or aid to be paid, provided or x-endered by any association authorized to do business under this article, shall not be liable to attachment by trustee, garnishee or other *117process, and shall not be seized,…
2Cases cited15 opinions
- Connolly v. Union Sewer Pipe Co.Supreme Court of the United States · 1902
- German Alliance Insurance v. LewisSupreme Court of the United States · 1914
- Northwestern Mutual Life Insurance v. WisconsinSupreme Court of the United States · 1918
- Edmonds v. HerbrandsonNorth Dakota Supreme Court · 1891
- State ex rel. Gaulke v. TurnerNorth Dakota Supreme Court · 1917
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3Cited by6 opinions
- Asbury Hospital v. Cass CountyNorth Dakota Supreme Court · 1943
- First National Bank of Frankfort v. HalsteadSouth Dakota Supreme Court · 1930
- Brownell v. LeutzDistrict Court, D. North Dakota · 1957
- Klein v. HuttonNorth Dakota Supreme Court · 1922
- In Re FaheyUnited States Bankruptcy Court, D. Colorado · 2006
1 more not listed; retrieve them via the Exa API.