Legal Opinion

Witherow v. Mystic Toilers

Utah Supreme Court

Decided November 16, 1916No. 2706PublishedCited by 2 opinions

Appeal from District Court, Third District; Hon. F. G. Loofbourow, Judge. Action by Mary Witherow against the Mystic Toilers, a fraternal and beneficiary society. Judgment for plaintiff, defendant appeals.

1Opinion of the CourtStraup, C. J.

The deceased, ¥m. J.| Witherow, as is alleged, on the 23d day of September, 1910, became a member of a mutual benefit society known as the Fraternal Order of Mountaineers, and on the same day, in such order, had his life insured in favor of his mother; that he died on the 19th day of October, 1910; that on the 15th day of December, 1910, the defendant, the Mystic Toilers, also a fraternal and beneficial society and a corporation, in consideration of taking over the assets and property of the Fraternal Order of Mountaineers, agreed to pay the loss of the certificate, but failed to do so. The…

2Cases cited4 opinions

  1. Cobb v. Covenant Mutual Benefit Ass'nMassachusetts Supreme Judicial Court · 1891
  2. Nelson v. Nederland Life InsuranceSupreme Court of Iowa · 1900
  3. Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
  4. Bednarek v. Brotherhood of American YeomenUtah Supreme Court · 1916

3Cited by2 opinions

  1. Chadwick v. Beneficial Life Ins.Utah Supreme Court · 1919
  2. Braddock, by Smith v. Pacific Woodmen Life Ass'n.Utah Supreme Court · 1936

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