Legal Opinion

Bailey v. Mutual Benefit Ass'n

Supreme Court of Iowa

Decided April 21, 1886PublishedCited by 33 opinions

Appeal from Pottawattamie Circuit Court. Action to recover upon a certificate of membership in the defendant company. There was a trial to the court, and judgment was rendered for the plaintiff. The defendant appeals.

1Opinion of the Court

Adams, Ch. J.

The plaintiffs aver that they are the legal *690heirs of Vincent J. Bailey, deceased; that he died intestate; and that at the time of his death his life was insured in the defendant company by a contract by which it agreed to pay his heirs “ the net proceeds of one full assessment upon all members in good standing at his death, not to exceed $3,000.” The defendant pleaded a general denial, and also that the contract of insurance had lajised by non-payment of an assessment.

1. Practice on Appeal: abstract: evidence: presumption. I. Before proceeding to the determination of the other…

2Cases cited1 opinion

  1. Neskern v. Northwestern Endowment & Legacy Ass'n of MinnesotaSupreme Court of Minnesota · 1883

3Cited by33 opinions

  1. Trotter v. Grand Lodge of the Iowa Legion of HonorSupreme Court of Iowa · 1906
  2. Millard v. Supreme Council of American Legion of HonorCalifornia Supreme Court · 1889
  3. Tobin v. Western Mutual Aid SocietySupreme Court of Iowa · 1887
  4. Burdon v. Massachusetts Safety Fund Ass'nMassachusetts Supreme Judicial Court · 1888
  5. Hart v. National Masonic Accident Ass'nSupreme Court of Iowa · 1898

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