Wising v. Brotherhood of American Yeomen
Supreme Court of Minnesota
Action in the district court for Lyon county to recover $1,000 upon defendant’s certificate of insurance upon the life of George Falk. The answer alleged that after the insured became a member he was intemperate in the use of intoxicating liquor so as to induce delirium tremens, which was the indirect cause of his death.
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Action in the district court for Lyon county to recover $1,000 upon defendant’s certificate of insurance upon the life of George Falk. The answer alleged that after the insured became a member he was intemperate in the use of intoxicating liquor so as to induce delirium tremens, which was the indirect cause of his death. The case was tried before Olsen, J., and a jury which returned a verdict for $839.56. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the CourtSchaller, J.
'Action by the beneficiary on an insurance certificate issued by the defendant to George Falk during his lifetime. The case was tried to a jury which returned a verdict for plaintiff. Defendant moved for judgment notwithstanding the verdict or for a new trial; the motion being denied, it appeals.
On October 21, 1910, George Falk, then a resident of Charles City, Iowa, became a beneficiary member of the defendant fraternal organization. He remained such member until February 11, 1914, when he was accidentally killed at Tracy, Minnesota.
•The defendant insists that the beneficiary certificate…
2Cases cited3 opinions
- O'Connor v. Modern Woodmen of AmericaSupreme Court of Minnesota · 1910
- Lockway v. Modern Woodmen of AmericaSupreme Court of Minnesota · 1913
- Nash v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1915
3Cited by3 opinions
- Boynton v. Modern Woodmen of AmericaSupreme Court of Minnesota · 1921
- Falk v. Chicago & Northwestern Railway Co.Supreme Court of Minnesota · 1916
- Nardinger v. Ladies of the Maccabees of the WorldSupreme Court of Minnesota · 1917