Kozlak v. Polish National Alliance of United States of North America
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $900 upon defendant’s benefit certificate. The ease was tried before Leary, J., who denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $1,050.60. From an order granting defendant’s motion for a new trial exclusively for errors of law occurring at the trial, plaintiff appealed.
1Opinion of the CourtHallam, J.
Defendant is a fraternal beneficiary society. Stanislaw Kozlak, deceased, was a member and held a beneficiary certificate, naming the plaintiff as his beneficiary. Kozlak died April.27, 1916. Plaintiff brings this action to recover the amount of the certificate. The defense is that on February 13, 1916, deceased was suspended for nonpayment of an assessment due February 1, that he was still under suspension when he died. Plaintiff admits the delinquency, but contends that defendant had followed the practice of accepting payment of assessments at irregular intervals after the expiration of the…
2Cases cited5 opinions
- Leland v. Modern SamaritansSupreme Court of Minnesota · 1910
- Reisz v. Supreme Council American Legion of HonorWisconsin Supreme Court · 1899
- Dougherty v. Supreme Court of Independent Order of ForestersSupreme Court of Minnesota · 1914
- Villmont v. Grand Grove, United Ancient Order of DruidsSupreme Court of Minnesota · 1910
- Suits v. Order of United Commercial Travelers of AmericaSupreme Court of Minnesota · 1918
3Cited by2 opinions
- Behnke v. Modern Brotherhood of AmericaSupreme Court of Minnesota · 1926
- Speck v. Brotherhood of Railroad TrainmenSupreme Court of Minnesota · 1934