Curtis v. Modern Woodmen of America
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Dane county: E. Ray Steveys, Circuit Judge. Action by the beneficiary named in a benefit certificate for $3,000 issued by the defendant upon the life of one Frank IT. Curtis, plaintiff’s brother. The action was tried by the court. The essential facts are these: The defendant is a fraternal benefit association insuring its members on the assessment plan.
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Appeal from a judgment of tbe circuit court for Dane county: E. Ray Steveys, Circuit Judge. Action by the beneficiary named in a benefit certificate for $3,000 issued by the defendant upon the life of one Frank IT. Curtis, plaintiff’s brother. The action was tried by the court. The essential facts are these: The defendant is a fraternal benefit association insuring its members on the assessment plan. It accepted the said Frank H. Curtis as a member April 19, 1892, and issued to.him a benefit certificate. This certificate was surrendered May 13, 1902, and a new certificate issued naming the…
1Opinion of the Court
Winslow, O. J.
We find it unnecessary to decide the question whether the continued receipt of assessments by the local camp with knowledge of the continued intemperance of *305the insured and the forwarding of the same to the head camp, together with their retention by the head camp, constituted a waiver of the condition as to intemperance contained in the original by-laws.
The following propositions necessitate affirmance of the judgment:
1. A stipulation contained in the certificate of insurance in a mutual benefit society that the insured shall be bound by bylaws thereafter adopted is valid, and…
2Cases cited4 opinions
- Loeffler v. Modern Woodmen of AmericaWisconsin Supreme Court · 1898
- Wuerfler v. Trustees of the Grand Grove of Wisconsin of the Order of DruidsWisconsin Supreme Court · 1902
- Hughes v. Wisconsin Odd Fellows' Mutual Line InsuranceWisconsin Supreme Court · 1898
- Jaeger v. Grand Lodge of Wisconsin of the Order of Hermann's SonsWisconsin Supreme Court · 1912
3Cited by4 opinions
- United Order of Foresters v. MillerWisconsin Supreme Court · 1922
- Dean v. DeanWisconsin Supreme Court · 1916
- Fraternal Aid Union v. MillerSupreme Court of Oklahoma · 1925
- Modern Woodmen of America v. StoneIndiana Court of Appeals · 1919