Mareck v. Mutual Reserve Fund Life Ass'n
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $5,000 on a policy of insurance. The defendant in its answer and on the trial offered to pay to the plaintiffs a sum equal to the amount of assessments paid by the testator to it, with interest, but plaintiffs refused to accept the same. The case was tried on an agreed statement of facts before Russell, J., who found in favor of plaintiffs and ordered judgment for the sum of $5,000, with interest.
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Action in the district court for Hennepin county to recover $5,000 on a policy of insurance. The defendant in its answer and on the trial offered to pay to the plaintiffs a sum equal to the amount of assessments paid by the testator to it, with interest, but plaintiffs refused to accept the same. The case was tried on an agreed statement of facts before Russell, J., who found in favor of plaintiffs and ordered judgment for the sum of $5,000, with interest. From a judgment entered in pursuance of said order defendant appealed.
1Opinion of the Court
MITCHELL, J.2
In August, 1886, the defendant issued to one Bofferding, plaintiffs’ testator, a certificate or policy of life insurance for $5,000, payable to his legal representatives within 90 days after receipt of satisfactory evidence of his death. Paragraph 9 of the policy, which was a printed form, reads as follows: “Death of the member by his own hand, whether voluntary or involuntary, sane ■or insane at the time, is not a risk assumed by the association in this ■contract, but in every such case there shall be payable, subject to all ■the conditions of this contract, a sum equal to the…
2Cited by29 opinions
- Goodwin v. Provident Savings Life Assurance Ass'nSupreme Court of Iowa · 1896
- American Trust Co. v. Life InsuranceSupreme Court of North Carolina · 1917
- Royal Circle v. AchterrathIllinois Supreme Court · 1903
- Missouri State Life Insurance v. CranfordSupreme Court of Arkansas · 1923
- New England Mut. Life Ins. Co. v. MitchellCourt of Appeals for the Fourth Circuit · 1941
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