Davidson v. Old People's Mutual Benefit Society
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Dakota county, upon a certificate of insurance on the life of one Nancy H. Boyer, payable to her daughter, the plaintiff. A demurrer to the complaint ■ was overruled, and plaintiff entered judgment.
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Plaintiff brought this action in the district court for Dakota county, upon a certificate of insurance on the life of one Nancy H. Boyer, payable to her daughter, the plaintiff. A demurrer to the complaint ■ was overruled, and plaintiff entered judgment. The defendant applied for leave to answer; the motion was denied by Crosby, J., on ■ the ground that the proposed answer (pleading the by-law and other. matters stated in the opinion) did not constitute a defence, and the -.defendant appealed.
1Opinion of the CourtMitchell, J.
The general rule undoubtedly is that where a policy is issued by a mutual insurance or benefit society, the assured, by virtue of his insurance, becomes a member of the society, and must, take notice of and is bound by its articles of association and by-laws, although not recited in the policy, or expressly made a part of it. All the provisions of the by-laws not inconsistent with the provisions of the policy itself will be binding as a part of the contract. But in this case the by-law and the policy are in direct conflict with each other. The policy provides that any member who has forfeited…
2Cited by27 opinions
- McCoy v. Northwestern Mutual Relief Ass'nWisconsin Supreme Court · 1896
- Prudential Insurance Co. of America v. Union Trust Co.Indiana Court of Appeals · 1914
- Wagner v. Supreme Lodge Knights & Ladies of HonorMichigan Supreme Court · 1901
- International Travelers' Ass'n v. BranumCourt of Appeals of Texas · 1914
- Matthes v. Imperial Accident Ass'nSupreme Court of Iowa · 1900
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