Delaney v. Modern Accident Club
Supreme Court of Iowa
Appeal from Iowa District Court. — Hon. M. J. Wade, ’ Judge. ActioN in equity against the defendant, a mutual ben-e6t association organized under the laws of Iowa, to compel an assessment on account of the accidental death of George L. Delaney, a member of said association, holding a certificate in which plaintiff is named as beneficiary, and to require the payment of the proceeds of such assessment, not exceeding the sum of $1,000, to plaintiff, under the provisions of the…
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Appeal from Iowa District Court. — Hon. M. J. Wade, ’ Judge. ActioN in equity against the defendant, a mutual ben-e6t association organized under the laws of Iowa, to compel an assessment on account of the accidental death of George L. Delaney, a member of said association, holding a certificate in which plaintiff is named as beneficiary, and to require the payment of the proceeds of such assessment, not exceeding the sum of $1,000, to plaintiff, under the provisions of the certificate. The defenses interposed were that the certificate was invalid because George L. Delaney was not a member of…
1Opinion of the CourtMcOlaiN, J.
*530i accident misstatement *529The defense that the certificate was void when issued is predicated on the fact that it is provided in the articles of incorporation of defendant association that “no person shall be eligible to membership in this association * * * who is not at the time of receiving his certificate of membership a member in good *530standing of -the Modern Woodmen of America, a fraternal organization organized under the laws of the state of Illinois”; that by the certificate of membership in defendant association it is provided that compliance by George L. Delaney with the laws, rules,…
2Cases cited9 opinions
- Freeman v. Mercantile Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1892
- Terre Haute & Indianapolis Railroad v. BuckIndiana Supreme Court · 1884
- National Masonic Acc. Ass'n of Des Moines v. ShryockCourt of Appeals for the Eighth Circuit · 1896
- Omberg v. United States Mutual Accident Ass'nCourt of Appeals of Kentucky · 1897
- Modern Woodman Accident Ass'n v. ShryockNebraska Supreme Court · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Smith v. Travelers InsuranceMassachusetts Supreme Judicial Court · 1914
- French v. Fidelity & Casualty Co.Wisconsin Supreme Court · 1908
- H. P. Hood & Sons v. Maryland Casualty Co.Massachusetts Supreme Judicial Court · 1910
- Rathbun v. Globe Indemnity Co.Nebraska Supreme Court · 1921
- Lehman v. Great Western Accident Ass'nSupreme Court of Iowa · 1911
37 more not listed; retrieve them via the Exa API.