Clemens v. Royal Neighbors of America
North Dakota Supreme Court
Appeal from District Court, Cass county; Pollock, J. Action by Peter Clemens and others against the Royal Neighbors of America. Judgment for defendant and plaintiffs appeal. It was error to admit proofs of death on the trial, they being made on hearsay by the guardian of the minor plaintiffs. Stevens v. Continental Casualty Co., 12 N. D. 463, 97 N. W. 862; 15 Am. & Eng. Enc.
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Appeal from District Court, Cass county; Pollock, J. Action by Peter Clemens and others against the Royal Neighbors of America. Judgment for defendant and plaintiffs appeal. It was error to admit proofs of death on the trial, they being made on hearsay by the guardian of the minor plaintiffs. Stevens v. Continental Casualty Co., 12 N. D. 463, 97 N. W. 862; 15 Am. & Eng. Enc. Law (2d Ed.) 71; 2 Jones on Evidence, section 361. It was error denying motion to strike out coroner's certificate in medical proof of death. 2 Jones on Evidence, section 368. It was error to admit parol evidence of the…
1Opinion of the CourtMorgan, C. J.
Action upon a benefit certificate of insurance issued by the defendant, a corporation organized under the laws of the state of Illinois, doing business in this state as a fraternal beneficial society. The members of the society are permitted to avail -themselves of the benefit of the insurance provided for by its by-laws upon the acceptance of an application for insurance, payment of a certain fee, and the issuing of a certificate by the society. Payment of losses by the death of insured members is provided for by the collection of assessments from the members. The complaint alleges that one…
2Cases cited13 opinions
- Mutual Life Insurance v. HillmonSupreme Court of the United States · 1892
- Agen v. Metropolitan Life InsuranceWisconsin Supreme Court · 1900
- Loeffler v. Modern Woodmen of AmericaWisconsin Supreme Court · 1898
- Inghram v. National UnionSupreme Court of Iowa · 1897
- Stevens v. Continental Casualty Co.North Dakota Supreme Court · 1903
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Dick v. New York Life InsuranceSupreme Court of the United States · 1959
- Nichols v. New York Life InsuranceMontana Supreme Court · 1930
- Paulsen v. Modern Woodmen of AmericaNorth Dakota Supreme Court · 1911
- Smith v. Maryland Casualty Co.North Dakota Supreme Court · 1933
- Wood v. Sovereign Camp of the Woodmen of the WorldSupreme Court of Iowa · 1914
7 more not listed; retrieve them via the Exa API.