Legal Opinion

Bentz v. Northwestern Aid Ass'n

Supreme Court of Minnesota

Decided March 6, 1889PublishedCited by 17 opinions

Plaintiff, the widow of William Bentz, brought this action in the district court for Hennepin county, on a certificate issued to him by defendant for her benefit. At the trial before Rea, J., and a jury, plaintiff had a verdict. The defendant appeals from an order refusing a new trial.

1Opinion of the CourtCollins, J.

October 2, 1886, one William Bentz became a member of the defendant association, and so continued until his death, *203June 21, 1887. The plaintiff, his widow, is named as the beneficiary in the certificate or policy of insurance issued to the.deceased when he joined the association.

1. If plaintiff has chosen the proper remedy, an issue of fact is presented by the pleadings in an action for the recovery of money only, and the defendant is in error when insisting that, upon its failure or refusal to levy an assessment with the proceeds of which it could meet and liquidate plaintiff’s claim, she…

2Cases cited8 opinions

  1. Insurance Co. v. RodelSupreme Court of the United States · 1877
  2. Elkhart Mutual Aid, Benevolent & Relief Ass'n v. HoughtonIndiana Supreme Court · 1885
  3. Cluff v. Mutual Benefit Life InsuranceMassachusetts Supreme Judicial Court · 1868
  4. Parmelee v. . Hoffman Fire Ins. Co.New York Court of Appeals · 1873
  5. Kerr v. Minnesota Mutual Benefit Ass'nSupreme Court of Minnesota · 1888

3 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Union Mutual Accident Ass'n v. FrohardIllinois Supreme Court · 1890
  2. Thornell v. Missouri State Life Ins.Texas Commission of Appeals · 1923
  3. Stevens v. Continental Casualty Co.North Dakota Supreme Court · 1903
  4. Hogan v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1895
  5. Modern Woodmen of America v. DavisIllinois Supreme Court · 1900

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API