Modern Woodmen of America v. Jameson
Supreme Court of Kansas
Error from Franklin District Court. The Modern Woodmen of America is a mutual life insurance company, incorporated under the laws of Illinois, and doing business in the state of Kansas. July 24, 1888, said company executed and delivered to S. W. Jameson, husband of the defendant herein, a benefit certificate, by the terms of ■ which it agreed, upon certain conditions, to pay to said Mary J. Jameson the sum of $2,000, upon the death of her said husband.
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Error from Franklin District Court. The Modern Woodmen of America is a mutual life insurance company, incorporated under the laws of Illinois, and doing business in the state of Kansas. July 24, 1888, said company executed and delivered to S. W. Jameson, husband of the defendant herein, a benefit certificate, by the terms of ■ which it agreed, upon certain conditions, to pay to said Mary J. Jameson the sum of $2,000, upon the death of her said husband. Said S. W. Jameson died September 20, 1888. Suit was begun on said benefit certificate by Mary J. Jameson, the beneficiary therein named, on…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
It appears from the record that the trial court found as a conclusion of law that “S. W. Jameson was not, at the time of his death, suspended from the order of the Modern Woodmen of America, as no notice of suspension was mailed to him as required by the by-laws.” In the opinion handed down by Strang, C., this conclusion of law is held erroneous, upon the ground that actual notice of suspension was given by delivering the notice in person to S. W. Jameson, instead of depositing it in the post office properly stamped and addressed. This…
2Cases cited9 opinions
- Masonic Mutual Benefit Ass'n v. BeckIndiana Supreme Court · 1881
- Stylow v. Wisconsin Odd Fellows Mutual Life InsuranceWisconsin Supreme Court · 1887
- Dennis v. Massachusetts Benefit Ass'nNew York Court of Appeals · 1890
- McDonald v. Supreme Council of the Order of Chosen FriendsCalifornia Supreme Court · 1888
- Howell v. . the Knickerbocker Life Ins. Co.New York Court of Appeals · 1871
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