Legal Opinion

National Council of Knights & Ladies of Security v. Garber

Supreme Court of Minnesota

Decided October 22, 1915No. Nos. 19,445—(30)PublishedCited by 6 opinions

Action in the district court for Ramsey county to cancel plaintiff’s benefit certificate for $2,000 upon the life of defendant, and to restrain him from enforcing the same. The case was tried before Kelly, J., who made findings and ordered judgmerit in favor of plaintiff upon payment of the sum of $228.15. From an order denying its motion to vacate the decision and for a new trial, plaintiff appealed.

1Opinion of the Court

Tayloe, C.

Plaintiff, a fraternal beneficiary society, brought this action to have a beneficiary certificate, which it had issued to defendant, adjudged canceled and annulled. After making findings of fact and conclusions of law, the trial court directed that the certificate be adjudged to be null and void, on condition that plaintiff repay to defendant the moneys paid to plaintiff as assessments upon such certificate. Plaintiff moved for a new trial and appealed from an order denying this motion.

The only question presented for decision is whethér the facts found by the court justified the…

2Cases cited2 opinions

  1. Taylor v. Grand LodgeSupreme Court of Minnesota · 1905
  2. Metropolitan Life Insurance v. FreedmanMichigan Supreme Court · 1909

3Cited by6 opinions

  1. PHL Variable Insurance v. Lucille E. Morello 2007 Irrevocable Trust Ex Rel. BNC National BankCourt of Appeals for the Eighth Circuit · 2011
  2. Rodgers v. SteinerSupreme Court of Minnesota · 1940
  3. Life & Casualty Insurance v. MitchellCourt of Appeals of Tennessee · 1932
  4. Madden v. Interstate Business Men's Accident Ass'nSupreme Court of Minnesota · 1917
  5. National Council of Knights & Ladies of Security v. GarberSupreme Court of Minnesota · 1916

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