Bircher v. Modern Brotherhood of America
South Dakota Supreme Court
Appeal from Circuit Count, Brown County. Hon. J. H. McCoy, Judge. Action by John Bircher and another against the Modern Brotherhood of America. From a judgment for plaintiffs and an order denying a new trial, defendant appeals.
1Opinion of the CourtHaney, J.
This is an action on a membership certificate issued bjr the defendant, an Iow'a fraternal beneficiary corporation. The complaint is in usual form, alleging death by drowning. All its allegations are admitted, the only defense being that the certificate was issued on an application containing this stipulation: “I further agree that in the event of my death by 'suicide, whether sane or insane, any certificate which may be issued upon this application by said fraternity shall become void;” that the certificate itself contained this clause: “If the holder of this certificate shall die by her own…
2Cases cited7 opinions
- Mutual Life Insurance v. WiswellSupreme Court of Kansas · 1896
- Lindahl v. Supreme Court I. O. F.Supreme Court of Minnesota · 1907
- Boynton v. Equitable Life Assurance SocietySupreme Court of Louisiana · 1901
- Harrison v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1894
- McKeever v. Homestake Mining Co.South Dakota Supreme Court · 1898
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3Cited by1 opinion
- Honrath v. New York Life InsuranceSouth Dakota Supreme Court · 1937