Satterlee v. Modern Brotherhood of America
North Dakota Supreme Court
Appeal from District Court, Ransom county; Allen, J. Action by Walter A. Satterlee against the Modern Brotherhood of America. Judgment for plaintiff, and defendant appeals. The provisions of the certificate and application meet all the requirements of our statute on the subject of warranties. Sections 4505, 4507, 4511, 4512, Rev. Codes 1899. The burden of proving express warranties, whether affirmative or negative, in a policy of insurance rests upon the assured.
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Appeal from District Court, Ransom county; Allen, J. Action by Walter A. Satterlee against the Modern Brotherhood of America. Judgment for plaintiff, and defendant appeals. The provisions of the certificate and application meet all the requirements of our statute on the subject of warranties. Sections 4505, 4507, 4511, 4512, Rev. Codes 1899. The burden of proving express warranties, whether affirmative or negative, in a policy of insurance rests upon the assured. Dreier v. Cont. Life Co., 24 Fed. 670; McLoon v. Ins. Co., 100 Mass. 472, 97 Am. Dec. 116; Wood on Ins. 867; Price v. Phoenix Mut.…
1Opinion of the CourtEngerud, J.
This is an action on a benefit certificate or policy of insurance issued b3'' the defendant, a fraternal beneficiary association, to Myrtle Satterlee, who, in her lifetime, was the wife of the plaintiff. The insurance was in the sum of $2,000, payable to this plaintiff upon the death of the insured. The contract of insurance consists of the beneficiary certificate or policy, together with the application of the insured for membership in the defendant order, and the articles of incorporation, fundamental laws, bylaws and regulations of the society. The application for insurance contains, among…
2Cases cited4 opinions
- Sanford v. Duluth & Dakota Elevator Co.North Dakota Supreme Court · 1891
- Johnson v. Dakota Fire & Marine InsuranceNorth Dakota Supreme Court · 1890
- Johns v. RuffNorth Dakota Supreme Court · 1903
- De Lendrecie v. PeckNorth Dakota Supreme Court · 1891
3Cited by13 opinions
- Hedderich v. HedderichNorth Dakota Supreme Court · 1909
- Stormon v. District CourtNorth Dakota Supreme Court · 1949
- Soules v. Brotherhood of American YeomenNorth Dakota Supreme Court · 1909
- Thomas v. New York Life InsuranceNorth Dakota Supreme Court · 1935
- Van Woert v. Modern Woodmen of AmericaNorth Dakota Supreme Court · 1915
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