Renner v. Supreme Lodge of the Bohemian Slavonian Benevolent Society of the United States
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwau"kee county: D. H. Johnson, Circuit Judge. Action by TheMa Renner, widow, and Franh Benner • and John W. Bermer, by his guardian, children of John Benner, deceased, against the Supreme Lodge of the Bo-Jiemicm Slavonian Benmolent Society of the United States (O. S. P. N), to recover $1,000 death benefit claimed to be ■ due and payable by the defendant association according to its charter and constitution to the plaintiffs,…
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Appeal from a judgment of the circuit court for Milwau"kee county: D. H. Johnson, Circuit Judge. Action by TheMa Renner, widow, and Franh Benner • and John W. Bermer, by his guardian, children of John Benner, deceased, against the Supreme Lodge of the Bo-Jiemicm Slavonian Benmolent Society of the United States (O. S. P. N), to recover $1,000 death benefit claimed to be ■ due and payable by the defendant association according to its charter and constitution to the plaintiffs, the widow and 'Children of John Benner, deceased. The defendant is a ■mutual benefit society and was incorporated under…
1Opinion of the CourtNewmaN, J.
No doubt, the court should construe the charter, constitution, rules, and regulations of the defendant liberally, in order to promote the benevolent purposes of the order. Ballou v. Gile, 50 Wis. 614. This benevolent purpose is promoted by giving effect to the intention of the member who pays the sums necessary to procure the benefit, whenever that can properly be done. It is said that a leading purpose of the defendant’s existence, as expressed in its charter, is “ to assist and give pecuniary aid to the widows and orphans of deceased members.” There is no question that the persons named in…
2Cases cited4 opinions
- Ballou v. GileWisconsin Supreme Court · 1880
- Simcoke v. Grand Lodge of A. O. U. W.Supreme Court of Iowa · 1892
- Spear v. RobinsonSupreme Judicial Court of Maine · 1849
- Higbe v. LeonardCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by9 opinions
- In Re the Estate of BordeauxWashington Supreme Court · 1950
- Steele v. SuwalskiCourt of Appeals for the Seventh Circuit · 1935
- Berdan v. Milwaukee Mutual Life-InsuranceMichigan Supreme Court · 1904
- Depositors Trust Company of Augusta v. JohnsonSupreme Judicial Court of Maine · 1966
- Transamerica Occidental Life Insurance v. BurkeWest Virginia Supreme Court · 1988
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