Gary v. Northwestern Mutual Aid Ass'n
Supreme Court of Iowa
Appeal from Hamilton District Court.— Hon. S. M.. Weaved,, Judge. Action at law to recover of the defendant one thousand dollars and interest upon ¿ certain benefit certificate issued by the defendant to JohnE. G-ary, husband of the plaintiff.
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Appeal from Hamilton District Court.— Hon. S. M.. Weaved,, Judge. Action at law to recover of the defendant one thousand dollars and interest upon ¿ certain benefit certificate issued by the defendant to JohnE. G-ary, husband of the plaintiff. Said certificate was made payable to the plaintiff after the death of her husband, who departed this life August 30, 1888. The plaintiff alleges as a reason why she does not set out said certificate as a part of her petition that it was not in her possession, but in the possession of one E. H. Gary, of Illinois, he having obtained the same by fraud,…
1Opinion of the CourtGiven, J.
*27i. jurasDioTioj^ itation. *26I. A rehearing was granted and the case is again before us for consideration. The former *27•opinion will be found in 50 N. W. Rep. 27. A review of the questions presented requires that we notice the condition of the pleadings. As already stated, no question is made as to the defendant’s liability, nor is there any made as to the plaintiff’s right to recover thereon, but for the matters pleaded in defense. The defendant answered, alleging that on or about August 30, 1888, the plaintiff executed and delivered to Elbert H. G-ary a written assignment of said certificate.…
2Cases cited7 opinions
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- Lutz v. KellySupreme Court of Iowa · 1877
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