Legal Opinion

Modern Woodmen of America v. Vincent

Indiana Court of Appeals

Decided February 27, 1907No. 5,689PublishedCited by 20 opinions

Prom Pike Circuit Court; E. A. Ely, Judge. Action by Mary E. Vincent against the Modern Woodmen of America. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtRoby, P. J.

Action by appellee as beneficiary of a certificate of membership issued by appellant to Joseph W. Vincent, who was appellee’s son. Trial by a jury, verdict and judgment for $1,088.75.

The errors assigned are the sustaining of appellant’s demurrer to the seventh paragraph of appellee’s answer, and the overruling of her motion for a new trial. In the seventh paragraph of answer it is averred that the contract sued upon is based upon appellant’s by-laws, the written application made by Joseph W. Vincent, together with the benefit certificate issued to him; that said Vincent, in his application…

2Cases cited5 opinions

  1. Glens Falls Insurance Co. v. MichaelIndiana Supreme Court · 1905
  2. Aetna Life Insurance v. BocktingIndiana Court of Appeals · 1906
  3. Lackey v. BoruffIndiana Supreme Court · 1899
  4. Supreme Lodge Knights v. FosterIndiana Court of Appeals · 1901
  5. Union Central Life Insurance v. HollowellIndiana Court of Appeals · 1898

3Cited by20 opinions

  1. Metropolitan Life Insurance v. JohnsonIndiana Court of Appeals · 1911
  2. American Central Life Insurance v. RosensteinIndiana Court of Appeals · 1910
  3. United States Health & Accident Insurance v. ClarkIndiana Court of Appeals · 1908
  4. Nelson v. MarchandIndiana Court of Appeals · 1998
  5. Prudential Insurance Co. of America v. SmithIndiana Supreme Court · 1952

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