Lockway v. Modern Woodmen of America
Supreme Court of Minnesota
Action in the district court for Brown county to recover $2,000 upon defendant’s certificate of insurance upon the life of John C. Lockway. The defense was that the insured died of delirium tremens caused by the intemperate use of alcoholic drinks.
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Action in the district court for Brown county to recover $2,000 upon defendant’s certificate of insurance upon the life of John C. Lockway. The defense was that the insured died of delirium tremens caused by the intemperate use of alcoholic drinks. The case was tried before Olsen, J., who denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $2,224.67. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.
1Opinion of the CourtBunn, J.
This action is to recover $2,000 on a benefit certificate issued by defendant to John O. Lockway and payable on his death to his widow, the plaintiff. The defense was that Lockway died of delirium tremens, caused by the intemperate use of alcoholic drinks; the certificate providing that in such case it should be null and void. The case was tried to a jury, and a verdict for plaintiff returned. It reaches this court on defendant’s appeal from an order denying its motion for judgment notwithstanding the verdict or for a new trial.
The first error assigned is the denial by the trial court of…
2Cases cited3 opinions
- Insurance Co. v. NewtonSupreme Court of the United States · 1875
- Bentz v. Northwestern Aid Ass'nSupreme Court of Minnesota · 1889
- Bachmeyer v. Mutual Reserve Fund Life Ass'nWisconsin Supreme Court · 1892
3Cited by8 opinions
- Braly v. Commercial Casualty InsuranceSupreme Court of Kansas · 1951
- Thompson v. Bankers Mutual Casualty InsuranceSupreme Court of Minnesota · 1915
- Cavallero v. Travelers Insurance Co.Supreme Court of Minnesota · 1936
- Pierce v. Homesteaders Life Ass'nSupreme Court of Iowa · 1937
- Bullock v. New York Life Insurance Co.Supreme Court of Minnesota · 1930
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