Wehring v. Modern Woodmen of America
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $1,000 upon a benefit certificate. The case was tried before Brill, J., and a jury which on March 5, 1908, returned a verdict in favor of plaintiff for $1,048.33, and a stay of forty days was entered. On May 2, 1908, defendant moved for judgment notwithstanding the verdict or for a new trial. From the judgment entered pursuant to the verdict, defendant appealed.
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Action in the district court for Ramsey county to recover $1,000 upon a benefit certificate. The case was tried before Brill, J., and a jury which on March 5, 1908, returned a verdict in favor of plaintiff for $1,048.33, and a stay of forty days was entered. On May 2, 1908, defendant moved for judgment notwithstanding the verdict or for a new trial. From the judgment entered pursuant to the verdict, defendant appealed. Portions of the charge to the jury were as follows: “It is a principle that where a person has been continuously absent from his home or place of residence for a period of…
1Opinion of the Court
START, O. J.
The defendant is a fraternal association, and on March 14, 1892, it issued its benefit certificate in the sum of $1,000 to Daniel Wehring, the then husband of the plaintiff, wherein she was named as the beneficiary. She brought this action in the district court of the county of Ramsey to recover the amount of such certificate. The complaint alleged the execution of the certificate and that the insured was dead. The answer admitted the execution of the certificate, but denied that the insured was dead.
On the trial of the issue there was no direct evidence of the death of the…
2Cases cited1 opinion
- Yorks v. MoobergSupreme Court of Minnesota · 1901
3Cited by4 opinions
- Craigie v. Firemen's Insurance Co. of NewarkDistrict Court, D. Minnesota · 1961
- Belle City Malleable Iron Co. v. ClarkSupreme Court of Minnesota · 1927
- Drew v. CarrollSupreme Court of Minnesota · 1913
- Cookson v. HillSupreme Court of Minnesota · 1920