Lakka v. Modern Brotherhood of America
Supreme Court of Iowa
Appeal from Mahaska District Court. — Hon. Byron W. Preston, Judge. ’ Action by the plaintiff, as guardian of minor beneficiaries, to recover the sum of $1,000 on a benefit certificate issued by the defendant to O. C. Lakka. Lakka died shortly thereafter. The plaintiff is his widow and her wards are his children.
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Appeal from Mahaska District Court. — Hon. Byron W. Preston, Judge. ’ Action by the plaintiff, as guardian of minor beneficiaries, to recover the sum of $1,000 on a benefit certificate issued by the defendant to O. C. Lakka. Lakka died shortly thereafter. The plaintiff is his widow and her wards are his children. The benefit certificate is regular in form. .It was delivered to the deceased on September 30, 1911. He died suddenly on October 8, 1911, from a blood clot in the heart. The defendant interposed three defenses, viz.: (1) That the deceased was not a member of the defendant order and…
1Opinion of the CourtEvans, J.
The first issue discussed by appellant is the first above stated. Was the certificate invalidated for want of certain formalities in initiating the deceased into membership of the local lodge? The certificate purported to be issued to the deceased as a member of the local lodge at Oskaloosa known as No. 908.
It appears that a state deputy, Mrs. Frank, had been sent to Oskaloosa to revive and reorganize the local lodge and she spent some weeks in such work. More than forty new members were secured as the fruit of her work, of which Lakka was one. The duty of a deputy is not very clearly set…
2Cases cited20 opinions
- Chambers v. Northwestern Mutual Life InsuranceSupreme Court of Minnesota · 1896
- Insurance Company v. FoleySupreme Court of the United States · 1882
- Kidder v. Supreme Commandery United Order of the Golden CrossMassachusetts Supreme Judicial Court · 1906
- Illinois Masons' Benevolent Society v. WinthropIllinois Supreme Court · 1877
- Sieverts v. National Benevolent Ass'nSupreme Court of Iowa · 1895
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3Cited by10 opinions
- Mutual Life Ins. Co. of New York v. Hurni Packing Co.Court of Appeals for the Eighth Circuit · 1919
- Brotherhood of Railroad Trainmen v. CookCourt of Appeals of Texas · 1920
- Sterling Insurance v. DanseySupreme Court of Virginia · 1954
- Sovereign Camp of Woodmen of the World v. LathamIndiana Court of Appeals · 1915
- Service Life Insurance v. McCulloughSupreme Court of Iowa · 1944
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