Modern Woodmen of America v. Bauersfeld

The defendant in error sued the plaintiff in error upon a benefit certificate issued on the life of F. S. Bauersfeld, and recovered judgment in the court below. A clause in the benefit certificate read : “No action can or shall be maintained on this certificate unless brought within one year from the date of the death of said neighbor.” The holders of certificates in the society are called “neighbors.” On March 11, 1898, F. S. Bauersfeld died. On March 7, 1899, the defendant in error filed her petition on the contract of insurance. Summons, however, was not issued in the action until March…