Benard v. Grand Lodge of the Ancient Order of United Workmen
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action by Annie Benard against the Grand Lodge of the Ancient Order of United Workmen of the Dakotas and Emma Roberts to recover on a life insurance certificate. From a judgment in favor of defendant Emma Roberts, plaintiff appeals.
Read the full summary
Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action by Annie Benard against the Grand Lodge of the Ancient Order of United Workmen of the Dakotas and Emma Roberts to recover on a life insurance certificate. From a judgment in favor of defendant Emma Roberts, plaintiff appeals. The agreement between ■ appellant and the assured was of such a nature, and appellant had such an interest in the benefit certificate as to estop the assured from in any manner chang" ing the beneficiary. Jory v Supreme Council, 105 Cal. 20; Adams v. Grand Lodge, 10.5 Cal. 321; Smith v.…
1Opinion of the CourtCorson, J.
This is an action by the plaintiff, widow of one Albert Benard, who was a member of a subordinate lodge connected with the defendant order, to recover upon a benefit certificate issued to him during his lifetime by the said order. Findings and judgment were in favor of the defendant, and the plaintiff appeals.
Albert Benard died on March 16, 1899, while a member of said lodge in good standing. He became a member in 1894, at *134■which time he received a benefit certificate for the sum of $2,-000, payable to the plaintiff, Annie Benard, as beneficiary. On November 28, 1898, about four months prior…
2Cases cited3 opinions
- Smith v. National Benefit SocietyNew York Court of Appeals · 1890
- Adams v. Grand Lodge of the A. O. U. W.California Supreme Court · 1894
- Maynard v. VanderwerkerNew York Supreme Court · 1893
3Cited by12 opinions
- Jacoby v. JacobySouth Dakota Supreme Court · 1943
- Brett v. WarnickOregon Supreme Court · 1904
- Jacobson v. New York Life InsuranceSupreme Court of Iowa · 1925
- Logan v. Modern Woodmen of AmericaSupreme Court of Minnesota · 1917
- Great Camp Knights of the Maccabees v. SavageMichigan Supreme Court · 1904
7 more not listed; retrieve them via the Exa API.