Werner v. Fraternal Bankers' Reserve Society
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. Milo P. Smith, 'Judge. Action to recover on a certificate of insurance, based on the presumption that the assured was dead, arising from his absence from his home and friends for seven years. Judgment for the plaintiff in the court below. Defendant appeals.
1Opinion of the CourtGaynor, J.
This action is based on a certain certificate of insurance issued by the defendant company to one Louis J. Werner, in the sum of $1,200, payable to Ellen N. Werner upon his death. The plaintiff is the beneficiary named in the certificate, and claims to be the widow of Louis J. Werner. This action was commenced on the 12th day of August, 1913. In her petition, she alleges that, on or about the 25th day of September, 1905, the said Louis J. Werner disappeared from Cedar Rapids, his home; that, at the time of his disappearance, he was living with his wife and children; that he was last heard of…
2Cases cited8 opinions
- Tisdale v. Connecticut Mutual Life InsuranceSupreme Court of Iowa · 1868
- Mutual Benefit Life Insurance v. TisdaleSupreme Court of the United States · 1876
- Brigham v. FayerweatherMassachusetts Supreme Judicial Court · 1886
- Carroll v. . CarrollNew York Court of Appeals · 1875
- Nicholas v. Iowa Merchants Mutual InuranceSupreme Court of Iowa · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State Ex Rel. Gott v. Fidelity & Deposit Co.Supreme Court of Missouri · 1927
- English v. United StatesDistrict Court, D. Maryland · 1928
- Rodskier v. Northwestern Mutual Life InsuranceSupreme Court of Iowa · 1933
- Haddock v. MeagherSupreme Court of Iowa · 1917
- Gibbs v. BeckettSupreme Court of Iowa · 1940
2 more not listed; retrieve them via the Exa API.