Brown v. Grand Lodge of the Ancient Order of United Workmen
Supreme Court of Iowa
.Appeal from Delaware District Court. — Hon. John J. Ney, Judge. Action to recover the avails of a certain beneficiary ■certificate issued by the defendant. The defendant, not questioning its liability for the payment of the amount specified in the certificate, paid the same into court for the party legally entitled thereto ; and hence the controversy is between the plaintiff and the intervenor.
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.Appeal from Delaware District Court. — Hon. John J. Ney, Judge. Action to recover the avails of a certain beneficiary ■certificate issued by the defendant. The defendant, not questioning its liability for the payment of the amount specified in the certificate, paid the same into court for the party legally entitled thereto ; and hence the controversy is between the plaintiff and the intervenor. The plaintiff was a daughter of the assured, and the intervenor was his wife by a second marriage, but not the mother of the plaintiff. Two certificates were issued by the defendant, in the first of…
1Opinion of the CourtGranger, J.
— It should be conceded at the outset that James Grace obtained the certificate from plaintiff by misrepresentation or fraud. We regard this fact as found by the district court, and we must consider the case with it in full view. With this point settled at. the outset, we dispose of much said in argument in relation thereto, and bring ourselves to what we regard as the controlling question in the case.'
Appellant concedes that if James Grace had procured the certificate with plaintiff ’ s name therein as the beneficiary, and' had retained possession thereof, he would have had the right to…
2Cases cited4 opinions
- Manning v. Ancient Order of United WorkmenCourt of Appeals of Kentucky · 1887
- Durian v. Central Verein of the Hermann's SœhnneNew York Court of Common Pleas · 1877
- Byrne v. CaseyTexas Supreme Court · 1888
- Richmond v. JohnsonSupreme Court of Minnesota · 1881
3Cited by21 opinions
- Masonic Benevolent Ass'n v. BunchSupreme Court of Missouri · 1891
- Schmidt v. Northern Life Ass'nSupreme Court of Iowa · 1900
- Simcoke v. Grand Lodge of A. O. U. W.Supreme Court of Iowa · 1892
- Hoeft v. Supreme Lodge Knights of HonorCalifornia Supreme Court · 1896
- Wandell v. Mystic ToilersSupreme Court of Iowa · 1905
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