Koerts v. Grand Lodge of Wisconsin of the Order of Hermann's Sons
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Warren D. Tarrant, Circuit Judge. This is a controversy over a mutual benefit certificate of insurance. The controversy was submitted to the court without action on an agreed statement of facts.
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Appeal from a judgment of the circuit court for Milwaukee county: Warren D. Tarrant, Circuit Judge. This is a controversy over a mutual benefit certificate of insurance. The controversy was submitted to the court without action on an agreed statement of facts. The material facts appearing from this statement are as follows: Prior to July 29, 1888, the appellant was a society organized tinder sec. 2002, R. S. 1878, having a charter theretofore granted to it by the Rational Grand Lodge of the Order of Hermann’s Sons. On the last-named date it organized a mutual benefit fund for its members,…
1Opinion of the CourtWiNsnow, J.
The fundamental law governing the mortuary fund when the deceased member received his certificate provided in no uncertain terms that the mortuary fund was established for the benefit of the “survivors” of a member. This law remained unchanged up to the time of the death of Pluns, and he was doubtless charged with knowledge of its terms, and must be held to have consented thereto'. The first important question in the case manifestly is, therefore, as to the meaning of the word “survivors.” Eeference to the various sections of the code itself shows that the word is used three times in as many…
2Cases cited1 opinion
- Ledebuhr v. Wisconsin Trust Co.Wisconsin Supreme Court · 1902
3Cited by12 opinions
- Welch v. Fire Ass'n of PhiladelphiaWisconsin Supreme Court · 1904
- Leisen v. St. Paul Fire & Marine InsuranceNorth Dakota Supreme Court · 1910
- Lodge v. Order of United Commercial Travelers of AmericaSupreme Court of Kansas · 1928
- Gray v. Sovereign Camp, Woodmen of the WorldCourt of Appeals of Texas · 1907
- Thomas v. CovertWisconsin Supreme Court · 1906
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