Legal Opinion

Toelle v. Central Verein der Gegenseitigen Unterstuetzungs Gesellschaft Germania

Wisconsin Supreme Court

Decided October 22, 1897PublishedCited by 2 opinions

Appeal from a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. On August 18, 1888, the defendant issued to one Albert Toelle, then husband of the plaintiff, a certificate of membership in the defendant company whereby it, in effect, promised to pay a sum not exceeding $2,000 to the plaintiff, in conformity with the laws of the corporation, after satisfactory proof of the death of Albert, and on return of such certificate, provided said Albert, at the…

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Appeal from a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. On August 18, 1888, the defendant issued to one Albert Toelle, then husband of the plaintiff, a certificate of membership in the defendant company whereby it, in effect, promised to pay a sum not exceeding $2,000 to the plaintiff, in conformity with the laws of the corporation, after satisfactory proof of the death of Albert, and on return of such certificate, provided said Albert, at the time of his death, should be in good standing in the defendant corporation. The bylaws of the defendant provided that it…

1Opinion of the Court

Cassoday, 0. J.

The defense is to the effect that Albert was duly assessed September 1, 1893, and duly notified thereof, but failed to pay the same within thirty days as required; that the same was true of the assessment made October 1, 1893, and also of the assessment made November 1, 1893; that October 24, 1893, by reason of such nonpayment and pursuant to notice, Albert was duly suspended, and notified thereof; that November 28, 1893, he was expelled, and his name was stricken from the list of members; that Albert lived until December 22, 1893, but was never reinstated, and never paid any…

2Cases cited3 opinions

  1. Stylow v. Wisconsin Odd Fellows Mutual Life InsuranceWisconsin Supreme Court · 1887
  2. Jackson v. Northwestern Mutual Relief Ass'nWisconsin Supreme Court · 1891
  3. Schmidt v. Modern Woodmen of AmericaWisconsin Supreme Court · 1893

3Cited by2 opinions

  1. Miles v. Mutual Reserve Fund Life Ass'nWisconsin Supreme Court · 1901
  2. Fugina v. Northwestern National Life InsuranceWisconsin Supreme Court · 1914

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