Stirn v. Supreme Lodge of the Bohemian Slavonian Benevolent Society
Wisconsin Supreme Court
Appeal from an order of the circuit court for Manitowoc county: Michael Kibwan, Circuit Judge. Tbe material allegations of the complaint are that defendant is a mutual benefit association or fraternal order engaged in the business of insurance on the mutual assessment plan; that November 25, 1891, plaintiff was received by said defendant as a member and it issued to him its certificate for $1,Q0Q bearing said date; that one of- the provisions of said certificate read as…
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Appeal from an order of the circuit court for Manitowoc county: Michael Kibwan, Circuit Judge. Tbe material allegations of the complaint are that defendant is a mutual benefit association or fraternal order engaged in the business of insurance on the mutual assessment plan; that November 25, 1891, plaintiff was received by said defendant as a member and it issued to him its certificate for $1,Q0Q bearing said date; that one of- the provisions of said certificate read as follows: “Provided, however, if the wife of said brother Fra/nds Stirn shall die previous to his death, and his said wife…
1Opinion of the CourtYiNje, J.
The demurrer to the answer presents the question whether the defendant, by amendment to its constitution or by-laws, could change the terms of the certificate issued to plaintiff in 1891 whereby he was made a beneficiary therein to the amount of $250 in the event his wife died during his lifetime, so as to cut off his right to receive said sum. Defendant contends that, since the certificate was issued upon condition that the plaintiff should “in every particular, while a member of said organization, comply with all the laws, rules, and regulations thereof,” it was within its power to change…
2Cases cited5 opinions
- Wuerfler v. Trustees of the Grand Grove of Wisconsin of the Order of DruidsWisconsin Supreme Court · 1902
- Koerts v. Grand Lodge of Wisconsin of the Order of Hermann's SonsWisconsin Supreme Court · 1903
- Ledebuhr v. Wisconsin Trust Co.Wisconsin Supreme Court · 1902
- Bruger v. Princeton & St. Marie Mutual Fire InsuranceWisconsin Supreme Court · 1906
- Jaeger v. Grand Lodge of Wisconsin of the Order of Hermann's SonsWisconsin Supreme Court · 1912
3Cited by1 opinion
- United Order of Foresters v. MillerWisconsin Supreme Court · 1922