Neskern v. Northwestern Endowment & Legacy Ass'n of Minnesota
Supreme Court of Minnesota
In his lifetime, Peter Neskern became a member of the defendant association, organized for the purposes of mutual life-insurance, and received from defendant the following policy, or certificate of membership, viz.: “Age 59. No. 498. Certificate of membership in the Northwestern Endowment and Legacy Association of Minnesota, Class D, amount $2,000., matures in twelve years.
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In his lifetime, Peter Neskern became a member of the defendant association, organized for the purposes of mutual life-insurance, and received from defendant the following policy, or certificate of membership, viz.: “Age 59. No. 498. Certificate of membership in the Northwestern Endowment and Legacy Association of Minnesota, Class D, amount $2,000., matures in twelve years. “This is to certify that Peter Neskern, having complied with the conditions of membership in the Northwestern Endowment and Legacy Association of Minnesota, is entitled to the benefit of said association, subject to the…
1Opinion of the CourtMitchell, J.
The first question to be considered in this case is whether the complaint states a cause of action. The certificate of membership, which constitutes the contract upon which the action is brought, is set out in full, but the sufficiency of the complaint will depend upon the construction to be given to the following clause: “Peter Neskern, having complied with the conditions of membership, is entitled, to the benefit of said association (subject to the conditions hereinafter stated) in the sum of one dollar for each contributing member, not. exceeding the sum of $2,000.” Defendant’s contention…
2Cited by13 opinions
- Bailey v. Mutual Benefit Ass'nSupreme Court of Iowa · 1886
- Hart v. National Masonic Accident Ass'nSupreme Court of Iowa · 1898
- Kaw Life Ass'n v. LemkeSupreme Court of Kansas · 1888
- Silvers v. Michigan Mutual Benefit Ass'nMichigan Supreme Court · 1892
- Spande v. Western Life Indemnity Co.Oregon Supreme Court · 1913
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