Ross v. Modern Brotherhood of America
Supreme Court of Iowa
Appeal from Buchanan District Oourt. — HoN. F.. 0. Platt, Judge. Ti-ie defendant is a mutual benefit association, and on the 4th day of May, 1897, issued to the plaintiff its certificate of membership and insurance, which provided for the payment of $200 “for each broken arm or leg resulting from accident.”
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Appeal from Buchanan District Oourt. — HoN. F.. 0. Platt, Judge. Ti-ie defendant is a mutual benefit association, and on the 4th day of May, 1897, issued to the plaintiff its certificate of membership and insurance, which provided for the payment of $200 “for each broken arm or leg resulting from accident.” The certificate also contained the following agreement: “This benefit certificate is issued and accepted upon the following express warranties, conditions and agreements: First. This'certificate, the articles of incorporation, fundamental Jaws, by-laws, rules and regulations of this…
1Opinion of the Court
. SheRwiN, J.
Before the adoption of the by-laws of October, 1900, defining specifically what should constitute a broken leg, there was no definition or regulation governing this matter, as we understand the record; and it is conceded that, if the plaintiff is not bound by this enactment, he is entitled to recover. The plaintiff’s action is based upon the certificate issued to him by the defendant, and it is the contract upon which his rights against the defendant must rest, and by which the liability of the defendant must be measured. The certificate which the plaintiff accepted as his…
2Cases cited10 opinions
- Supreme Commandery of the Knights of the Golden Rule v. AinsworthSupreme Court of Alabama · 1882
- Stohr v. San Francisco Musical Fund SocietyCalifornia Supreme Court · 1890
- Strauss v. Mutual Reserve Fund Life Ass'nSupreme Court of North Carolina · 1900
- Loeffler v. Modern Woodmen of AmericaWisconsin Supreme Court · 1898
- Sieverts v. National Benevolent Ass'nSupreme Court of Iowa · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Jordan v. Iowa Mutual Tornado InsuranceSupreme Court of Iowa · 1911
- Norton v. Catholic Order of ForestersSupreme Court of Iowa · 1908
- Weiditschka v. Supreme Tent Knights of Maccabees of the WorldSupreme Court of Iowa · 1920
- Lewine ex rel. Wolford v. Supreme Lodge, Knights of Pythias of the WorldMissouri Court of Appeals · 1907
- Olson v. Modern Woodmen of AmericaSupreme Court of Iowa · 1917
15 more not listed; retrieve them via the Exa API.