Royal Neighbors of America v. Wallace
Nebraska Supreme Court
ERROR from the district court for Bodge county. Rehearing of case reported in 64 Nebr., 330. Action in the nature of assumpsit, on a benefit certificate. Tried below before Grimison, J. Judgment for plaintiff. Defendant brings error.
1Opinion of the Court
Kirkpatrick, 0.
A prior' opinion written in this case is reported in 64 Nebr., 330, wherein the facts are fully set out, and need not be restated herein. In that opinion, in the second paragraph of the syllabus, occurs the following language: “Where representations are of such a character that their materiality is a matter of common knowledge, upon which reasonable minds could not differ, it is error to submit the question of their materiality to the jury.” *545A motion for rehearing made by defendant in error has been allowed; the question for reconsideration thereby presented being that…
2Cases cited3 opinions
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Miller v. Mutual Benefit Life InsuranceSupreme Court of Iowa · 1871
- Doty v. New York State Mutual Benefit Ass'nNew York Supreme Court · 1890
3Cited by7 opinions
- Bryant v. Modern Woodmen of AmericaNebraska Supreme Court · 1910
- Royal Neighbors of America v. WallaceNebraska Supreme Court · 1905
- Ætna Life Insurance v. RehlaenderNebraska Supreme Court · 1903
- Sovereign Camp of the Woodmen of the World v. McDonaldSupreme Court of Florida · 1918
- Yonda v. Royal Neighbors of AmericaNebraska Supreme Court · 1914
2 more not listed; retrieve them via the Exa API.