Legal Opinion

Brinsmaid v. Iowa State Traveling Men's Ass'n

Supreme Court of Iowa

Decided July 5, 1911PublishedCited by 7 opinions

Appeal from Pollc District Court. — Hon. James A. IIowe, Judge. Action by plaintiffs, as heirs of Thomas F. Brinsmaid, deceased, to recover on a certificate of insurance. Alice M. Steele filed a petition of intervention, claiming the indemnity stipulated. The defendant denied all liability. On trial judgment was entered dismissing plaintiffs’ petition, and on the issues between intervener and defendant the jury disagreed. The plaintiffs appeal.

1Opinion of the CourtLadd, J.

While bathing in the surf at Long Beach, Cal., November 27, 1907, Thomas E. Brinsmaid lost consciousness, and was taken from the water to the emergency room of the bathhouse. Though skillfully treated, he did not recover, and whether death resulted from drowning or rupture anuerism of the, aorta was in issue. lie became a member of the defendant, a mutual assessment association, in 1883, with his mother named as beneficiary. She died in 1889, and no one was substituted by him in her stead unless this was effected by will executed in December, 1906, in which he gave all property of which he'…

2Cases cited27 opinions

  1. Hellenberg v. District Number One of the Independent Order of BerithNew York Court of Appeals · 1884
  2. Fink v. . FinkNew York Court of Appeals · 1902
  3. Bloomington Mutual Benefit Ass'n v. BlueIllinois Supreme Court · 1887
  4. Masonic Benevolent Ass'n v. BunchSupreme Court of Missouri · 1891
  5. Union Mutual Ass'n v. MontgomeryMichigan Supreme Court · 1888

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3Cited by7 opinions

  1. Townsend v. Fidelity & Casualty Co.Supreme Court of Iowa · 1913
  2. Miller v. MillerSupreme Court of Iowa · 1925
  3. Salmon v. Farm Property Mutual InsuranceSupreme Court of Iowa · 1915
  4. Werner v. Fraternal Bankers' Reserve SocietySupreme Court of Iowa · 1915
  5. Koch v. Aetna Life Insurance Co.Washington Supreme Court · 1931

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