Legal Opinion · Dissent

Whiteman v. Heinzman

Indiana Court of Appeals

Decided October 7, 1919No. 9,886Published

From St. Joseph Circuit Court; Walter A. Funk, Judge. Action by William F. Whiteman, administrator of the estate of Sherman Lamadee, deceased, against the Supreme Tribe of Ben Hur, in which defendant inter-pleaded admitting liability and asking'that Charles F. Heinzman, guardian, be substituted as a party defendant. From a judgment for the substituted defendant, the plaintiff appeals.

1Dissent

*392Dissenting Opinion.

Dausman, J.

—In orderthat my position may be understood, I deem it advisable to make an additional statement concerning the pleadings.(1) Appellant is the administrator of the estate of W. T. Sherman Lammedee, deceased, and' in his capacity as such administrator he instituted this action against the Supreme Tribe of Ben Hur, a fraternal beneficiary association, to recover on a certificate issued to Lammedee as a member of the association. The certificate recites, in addition to other things, that Lammedee “is entitled to all the rights, benefits and privileges of beneficial…

2Cases cited5 opinions

  1. Citizens Telephone Co. v. PrickettIndiana Supreme Court · 1919
  2. Fuller v. Supreme CouncilIndiana Court of Appeals · 1917
  3. Illinois Car & Manufacturing Co. v. BrownIndiana Court of Appeals · 1917
  4. Almy v. Commercial Travelers Ass'nIndiana Court of Appeals · 1914
  5. Indianapolis & Cincinnati Traction Co. v. HardwickIndiana Court of Appeals · 1919

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