Jones v. Modern Brotherhood of America
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwau-' kee county: W. J. TueNee, Circuit Judge. This is 'an appeal from a judgment of nonsuit. The action is upon a benefit certificate for $500 issued by the de-' fendant, a foreign fraternal beneficiary organization, May 30, 1908, on the life of one Richard Burke in favor of the plaintiff, who was his foster mother.
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Appeal from a judgment of tbe circuit court for Milwau-' kee county: W. J. TueNee, Circuit Judge. This is 'an appeal from a judgment of nonsuit. The action is upon a benefit certificate for $500 issued by the de-' fendant, a foreign fraternal beneficiary organization, May 30, 1908, on the life of one Richard Burke in favor of the plaintiff, who was his foster mother. The assessments were sixty-five cents per month, and were payable to the secretary of the local lodge at Milwaukee. Burke became a paid fireman in the service of the city of Milwaukee, November 1, 1909. This was a prohibited…
1Opinion of the CourtWinslow, C. J.
It is admitted by the appellant that the certificate was rendered void when the deceased became a paid fireman, but it is claimed that the defendant has prevented itself from setting up this defense by acts constituting waiver or estoppel. These acts are (1) the acceptance and retention of the monthly assessments paid by the plaintiff from November, 1909, until the death of Burke, with knowledge of. the fact that he was a paid fireman, and (2) the sending by~ the defendant to the plaintiff, after knowledge of the facts avoiding the certificate, of blank proofs of loss, and the making out of…
2Cited by4 opinions
- Huntington v. Fraternal Reserve Ass'nWisconsin Supreme Court · 1921
- Hartman v. National CouncilOregon Supreme Court · 1915
- Simmons v. Sovereign CampTennessee Supreme Court · 1916
- Haycock v. Sovereign Camp, Woodmen of the WorldWisconsin Supreme Court · 1916