Brett v. Warnick
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. This is an action by George R. Brett against Robert Z. and John W. Warnick and the Grand Lodge of the Ancient Order of United Workmen of Oregon to compel the delivery to plaintiff of a benefit certificate by the defendants War-nick, and to recover of the defendant lodge the sum named therein.
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From Multnomah: John B. Cleland, Judge. This is an action by George R. Brett against Robert Z. and John W. Warnick and the Grand Lodge of the Ancient Order of United Workmen of Oregon to compel the delivery to plaintiff of a benefit certificate by the defendants War-nick, and to recover of the defendant lodge the sum named therein. In 1880 the Grand Lodge of the Ancient Order of United Workmen of Oregon issued to J. F. Warnick a certificate entitling him to participate in the beneficiary fund of the order to the amount of $2,000, payable at his death to his wife. On May 10, 1898, his wife…
1Opinion of the CourtJustice Wolverton
Two questions are presented: (1) Whether the complaint states a cause entitling plaintiffs to equitable relief, and (2) whether the agreement relied upon for recovery is subject to the objection that it is essentially a wagering contract, and therefore void, as in contravention of public policy.
1. As to the first, we are clear that the real purpose of the complaint is to require a specific performance of the alleged agreement to surrender the certificate upon the completed payment by Brett to the defendants Warnick of the sum of $90, which it is averred that they had formerly paid of the dues…
2Cases cited21 opinions
- Warnock v. DavisSupreme Court of the United States · 1882
- Connecticut Mutual Life Insurance v. SchaeferSupreme Court of the United States · 1877
- Olmsted v. . KeyesNew York Court of Appeals · 1881
- Martin v. StubbingsIllinois Supreme Court · 1888
- Mutual Life Insurance v. AllenMassachusetts Supreme Judicial Court · 1884
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3Cited by13 opinions
- Livesley v. JohnstonOregon Supreme Court · 1904
- Farley v. United StatesDistrict Court, D. Oregon · 1923
- Jacobson v. New York Life InsuranceSupreme Court of Iowa · 1925
- McCleery v. Woodmen of the WorldOregon Supreme Court · 1930
- Provident Life & Accident Ins. Co. v. DotsonDistrict Court, S.D. West Virginia · 1950
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