Legal Opinion

Paulsen v. Modern Woodmen of America

North Dakota Supreme Court

Decided February 10, 1911PublishedCited by 31 opinions

Appeal from District Court, Cass county, Chas. A. Pollock, J. Action by Jens Paulsen against Modern Woodmen of America,, judgment in favor of plaintiff, defendant appeals. Amendments should be allowed to save rights and advance justice.. Coghlin v. Stetson, 22 Blatchf. 88, 19 Fed. 727; Conner v. Smith,. 74 Ala. 115; Miller v. Metzger, 16 111. 390; Trego v. Lewis, 58 Pa. 463; Newberg v. Farmer, 1 Wash. Terr. 183; Milch v. WestchesterF. Ins.

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Appeal from District Court, Cass county, Chas. A. Pollock, J. Action by Jens Paulsen against Modern Woodmen of America,, judgment in favor of plaintiff, defendant appeals. Amendments should be allowed to save rights and advance justice.. Coghlin v. Stetson, 22 Blatchf. 88, 19 Fed. 727; Conner v. Smith,. 74 Ala. 115; Miller v. Metzger, 16 111. 390; Trego v. Lewis, 58 Pa. 463; Newberg v. Farmer, 1 Wash. Terr. 183; Milch v. WestchesterF. Ins. Co. 13 Misc. 231, 34 N. Y. Supp. 15; Union Bank v. Kidgley, 1 Harr. & G. 324. Breach of warranty in application for life insurance is a valid defense. 3…

1Opinion of the CourtFisk, J.

This is an appeal from a judgment of the district court' of Cass county. The action was brought to recover the sum of $2,000' and interest claimed to be due plaintiff under a beneficiary certificate' issued by defendant to one Soren Peter Paulsen in due form in the' year 1906; and at the time of the death of said Paulsen, which took place on May 16, 1907, the plaintiff was the beneficiary named in such certificate. The complaint is in the usual form, alleging the issuance of such beneficiary certificate, wherein and whereby defendant promised and agreed, in consideration of the payment of…

2Cases cited5 opinions

  1. Anthony v. Mercantile Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1894
  2. Hedderich v. HedderichNorth Dakota Supreme Court · 1909
  3. Stevens v. Continental Casualty Co.North Dakota Supreme Court · 1903
  4. Soules v. Brotherhood of American YeomenNorth Dakota Supreme Court · 1909
  5. Clemens v. Royal Neighbors of AmericaNorth Dakota Supreme Court · 1905

3Cited by31 opinions

  1. Dick v. New York Life InsuranceSupreme Court of the United States · 1959
  2. Provident Life & Accident Ins. v. PrietoTennessee Supreme Court · 1935
  3. Mutual Life Ins. Co. of New York v. HattenCourt of Appeals for the Eighth Circuit · 1927
  4. Mann v. Policyholders' National Life InsuranceNorth Dakota Supreme Court · 1952
  5. Smith v. KnutsonNorth Dakota Supreme Court · 1949

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