Legal Opinion

Knights of Maccabees of World v. Nelson

Supreme Court of Kansas

Decided April 11, 1908No. 15,459PublishedCited by 9 opinions

Error from Atchison district court; Benjamin F. Hudson, judge. STATEMENT. Plaintiff in error is a fraternal-insurance association. In 1892 Andrew Nelson, the deceased husband of the defendant in error, was admitted to membership in the association and received a certificate or policy of insurance, by the terms .of which the association agreed to pay, upon certain conditions, the amount of one assessment, not exceeding $2000, to his beneficiary at his death.

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Error from Atchison district court; Benjamin F. Hudson, judge. STATEMENT. Plaintiff in error is a fraternal-insurance association. In 1892 Andrew Nelson, the deceased husband of the defendant in error, was admitted to membership in the association and received a certificate or policy of insurance, by the terms .of which the association agreed to pay, upon certain conditions, the amount of one assessment, not exceeding $2000, to his beneficiary at his death. The defendant in error was named as his beneficiary. Nelson died November 17, 1905, and proof of his death was duly made, as was also a…

1Opinion of the Court

The opinion of the court was delivered by ,

Smith, J.:

The association assigns numerous errors in. the introduction of evidence, in the overruling of its demurrer to plaintiff’s evidence, and in the giving of, and refusal to give, instructions.

The association does not question but that one assessment would have aggregated the amount of $2000, and it was admitted on the argument of this case that Nelson came to his death by suicide. In their briefs counsel for each party have concurred in the statement that the case here should be determined upon the contract of indemnity. It is said in the…

2Cases cited3 opinions

  1. Ritter v. Mutual Life Ins. Co. of NYSupreme Court of the United States · 1898
  2. Miller v. National Council of the Knights & Ladies of SecuritySupreme Court of Kansas · 1903
  3. Supreme Court of Honor v. UpdegraffSupreme Court of Kansas · 1904

3Cited by9 opinions

  1. Myers v. Liberty Life InsuranceSupreme Court of Kansas · 1927
  2. Wichita Council No. 120 v. Security Benefit Ass'nSupreme Court of Kansas · 1934
  3. Kirk v. Fraternal Aid Ass'nSupreme Court of Kansas · 1915
  4. Uhl v. Life & Annuity Ass'nSupreme Court of Kansas · 1916
  5. Guy v. Modern WoodmenSupreme Court of Kansas · 1929

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