Legal Opinion

Berdan v. Milwaukee Mutual Life-Insurance

Michigan Supreme Court

Decided April 26, 1904No. Docket No. 153PublishedCited by 15 opinions

Appeal from Bay; Shepard, J. Bill by Harold F. P. Berdan, by nest friend, against the Milwaukee Mutual Life-Insurance Company and Frank Berdan, .to set aside a settlement of a claim under a policy of insurance. From a decree for complainant defendant company appeals.

1Opinion of the CourtMoore, C. J.

The complainant in this case was named as the beneficiary in a policy of insurance for $1,000 issued by the defendant company. The defendant Berdan was appointed as his guardian, and made a settlement with the company for $300. This bill was filed for the purpose of having the settlement set aside. A decree was entered setting aside the settlement, and decreeing defendant should account for the $300 obtained, and the defendant company be required to pay the remaining $700 and interest. The defendant company has appealed. The other defendant did not appeal.

Three defenses are interposed:'…

2Cases cited18 opinions

  1. Ballou v. GileWisconsin Supreme Court · 1880
  2. Briesenmeister v. Supreme Lodge Knights of Pythias of the WorldMichigan Supreme Court · 1890
  3. Story v. Williamsburgh Masonic Mutual Benefit Ass'nNew York Court of Appeals · 1884
  4. John Hancock Mutual Life Insurance v. DickMichigan Supreme Court · 1897
  5. Simcoke v. Grand Lodge of A. O. U. W.Supreme Court of Iowa · 1892

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3Cited by15 opinions

  1. Maddex v. ColumberOhio Supreme Court · 1926
  2. Lewis v. Farmers Insurance ExchangeMichigan Court of Appeals · 2016
  3. City of Jackson v. McFaddenMississippi Supreme Court · 1937
  4. Willis v. MooreTennessee Supreme Court · 1924
  5. Afro-American Life Ins. v. AdamsSupreme Court of Alabama · 1915

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