Legal Opinion

Kelly v. Ancient Order of Hibernians Life Insurance Fund

Supreme Court of Minnesota

Decided February 3, 1911No. Nos. 16,867—(230)PublishedCited by 12 opinions

Action by tbe administratrix of tbe estate of John Kelly, deceased, in tbe district court for Hennepin county to recover $1,000 upon bis life insurance policy. Tbe substance of tbe answer is stated in tbe opinion, where tbe facts are stated. Tbe case was tried before Simpson, J., wbo granted defendant’s, motion to dismiss .the action on the ground it was barred by tbe statute of limitations. From an order denying plaintiff’s motion for a new trial, she appealed.

1Opinion of the CourtLewis, J.

John Kelly became a member of respondent association in 1886, and a certificate of insurance of $1,000-, payable to his wife, Annie Kelly, was issued. Mr. Kelly disappeared.from his home'in Minneapolis August 1, 1894, leaving his wife and four children. The dues upon the certificate were paid by friends until December, 1900. This action was commenced January 12,-1909, to. recover the amount of the certificate. The answer alléged that Kelly was suspended as a member for failure to pay his dues after December 31, 1900, and that his membership terminated January 1, 1901; that on August 1,’ 1908,…

2Cases cited4 opinions

  1. Behlmer v. Grand Lodge A. O. U. W.Supreme Court of Minnesota · 1909
  2. Murphy v. Independent Order of the Sons & Daughters of Jacob of AmericaMississippi Supreme Court · 1900
  3. Supreme Tent, Knights of the Maccabees of the World v. EthridgeIndiana Court of Appeals · 1909
  4. Anderson v. Supreme Council of Order of Chosen FriendsNew York Court of Appeals · 1892

3Cited by12 opinions

  1. Bennett v. Modern Woodmen of AmericaCalifornia Court of Appeal · 1921
  2. White v. Brotherhood of Locomotive FiremenWisconsin Supreme Court · 1917
  3. Rosenstein v. Court of HonorSupreme Court of Minnesota · 1913
  4. Wait v. Journeymen Barbers' International Union of AmericaSupreme Court of Minnesota · 1941
  5. Egan v. Missouri State Life Ins. Co.Supreme Court of Oklahoma · 1936

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