Legal Opinion

Preusser v. Supreme Hive of the Ladies of the Maccabees of the World

Wisconsin Supreme Court

Decided November 15, 1904PublishedCited by 2 opinions

Appeax from a judgment of tbe circuit court for Milwaukee county: WabbeN D. TabbaNt, Circuit Judge. Action to recover on a beneficiary certificate. Lizzie Preus-ser, wife' of appellant, acquired a membership with a beneficiary certificate of $1,000, in the defendant, the Supreme Hive of the Ladies of the Maccabees of the World. The mortuary benefits, by the terms of such certificate, were made payable to appellant.

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Appeax from a judgment of tbe circuit court for Milwaukee county: WabbeN D. TabbaNt, Circuit Judge. Action to recover on a beneficiary certificate. Lizzie Preus-ser, wife' of appellant, acquired a membership with a beneficiary certificate of $1,000, in the defendant, the Supreme Hive of the Ladies of the Maccabees of the World. The mortuary benefits, by the terms of such certificate, were made payable to appellant. She delivered such certificate to her husband merely for safe keeping, so far as appears, where it remained till she died. He paid the dues necessary to keep the insurance in…

1Opinion of the CourtMaeshall, J.

That Mrs. Preusser had the absolute right to change the beneficiary in her certificate, subject to the rules of the corporation and such modifications thereof as it chose to make, unless plaintiff before the attempt in that regard acquired a vested interest therein, is ruled by Berg v. Damkoehler, 112 Wis. 587, 88 N. W. 606; Waldum v. Homstad, 119 Wis. 312, 96 N. W. 806, and numerous cases elsewhere.

Doubtless, the beneficiary named in a certificate or policy of insurance may obtain an interest therein, there being nothing in the contract of insurance to prevent it, precluding any change…

2Cases cited9 opinions

  1. Masonic Benevolent Ass'n v. BunchSupreme Court of Missouri · 1891
  2. Jory v. Supreme Council American Legion of HonorCalifornia Supreme Court · 1894
  3. Lemon v. Phœnix Mutual Life InsuranceSupreme Court of Connecticut · 1871
  4. Berg v. DamkoehlerWisconsin Supreme Court · 1902
  5. Byrne v. CaseyTexas Supreme Court · 1888

4 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Supreme Council of Royal Arcanum v. BehrendSupreme Court of the United States · 1918
  2. Suelflow v. Supreme LodgeWisconsin Supreme Court · 1917

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