Grand Lodge of Wisconsin of the Order of Hermann's Sons v. Lemke
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: LawreNCe W. Halsey, Circuit Judge. This is an action of interpleader, brought by a fraternal benefit association against rival claimants of the amount due upon a benefit certificate issued by the association upon the life of one John Burkhardt. The action was tried by the court, and there is no bill of exceptions.
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Appeal from a judgment of the circuit court for Milwaukee county: LawreNCe W. Halsey, Circuit Judge. This is an action of interpleader, brought by a fraternal benefit association against rival claimants of the amount due upon a benefit certificate issued by the association upon the life of one John Burkhardt. The action was tried by the court, and there is no bill of exceptions. The court found that the plaintiff was a fraternal benefit corporation organized and licensed under the laws of Wisconsin, and that John Burk-hardt, now deceased, became a member thereof September 29, 1888, and…
1Opinion of the Court
'Wiitslow, J.
The plaintiff is a fraternal beneficiary corporation providing insurance for its members on the assessment plan. Neither the pleadings nor findings state the date of its incorporation, but, as the benefit certificate in question was issued in September, 1888, it seems that it must have been organized as an insurance corporation under that clause of sec. 1771, R. S. 1878, which authorizes the formation of corporations “for the mutual support of the members, their families or kindred, in case of sickness, misfortune, poverty or death, or for contributing to the burial of the dead.”…
2Cases cited2 opinions
- Ellison v. StrawWisconsin Supreme Court · 1903
- Groth v. Central Verein der Gegenseitigen Unterstuetzungs Gesellschaft GermaniaWisconsin Supreme Court · 1897
3Cited by1 opinion
- Thomas v. CovertWisconsin Supreme Court · 1906