Legal Opinion

Kerr v. Minnesota Mutual Benefit Ass'n

Supreme Court of Minnesota

Decided August 31, 1888PublishedCited by 20 opinions

This action was brought in the district court for Washington county, ;and tried by Crosby, J., (a jury being waived,) who ordered judgment .of $4,000 for plaintiff. A new trial was refused, and the defendant appealed.

1Opinion of the Court

'Yanderburgh, J.

The plaintiff is the widow of Bobert W. Kerr, -who, on the 20th day of April, 1884, became a member of the defendant association, and held a certificate or policy of insurance issued by it at the time of his death, which, defendant claims, was by sui.cide, July 27, 1885, in the dominion of Canada. The plaintiff is named as the beneficiary in this policy.

*1751. The policy provides that “if the assured shall die in, or in cou-sequence of, the violation of any criminal law of any country, state, or territory in which the assured may be, this certificate shall be null and void.” The…

2Cases cited3 opinions

  1. Tobin v. Western Mutual Aid SocietySupreme Court of Iowa · 1887
  2. Mills v. RebstockSupreme Court of Minnesota · 1882
  3. Patrick v. Excelsior Life InsuranceNew York Supreme Court · 1875

3Cited by20 opinions

  1. Wilmington Trust Co. v. ClarkCourt of Appeals of Maryland · 1981
  2. Patterson v. Natural Premium Mutual Life InsuranceWisconsin Supreme Court · 1898
  3. Royal Circle v. AchterrathIllinois Supreme Court · 1903
  4. Olsson v. Midland InsuranceSupreme Court of Minnesota · 1917
  5. Grand Legion v. BeatyIllinois Supreme Court · 1906

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