Stemler v. Stemler
South Dakota Supreme Court
Appeal from Circuit Court, Davison County. Hon. Frank; B. Smith, Judge. Action by Maude Stemler, a minor, by Anna Streeck, her guardian, against John D. Stemler, for recovery of the amount of a benefit under a fraternal beneficiary certificate issued by the Modern Woodmen of America. From a judgment for defendant, plaintiff appeals'. The contract of insurance by and between the society and the member includes the application, the certificate, by-laws and constitution.
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Appeal from Circuit Court, Davison County. Hon. Frank; B. Smith, Judge. Action by Maude Stemler, a minor, by Anna Streeck, her guardian, against John D. Stemler, for recovery of the amount of a benefit under a fraternal beneficiary certificate issued by the Modern Woodmen of America. From a judgment for defendant, plaintiff appeals'. The contract of insurance by and between the society and the member includes the application, the certificate, by-laws and constitution. Niblick on Benefit Societies, Par. 136, p. 271; Bacon on Benefit Societies, Par. 37, 91, 116; Shuman v. A. O. U. W., 82 N. W.…
1Opinion of the CourtMcCOY, J.
Based upon-an agreed statement of facts, findings and judgment were in favor of defendant. Plaintiff appeals.
One Jacob Stemler died on the 28th day of January, 1911. Twelve years prior thereto he had become a member of the Modern Woodmen of America, and there had been issued to- him a benefit certificate in. the sum of $2,000, payable to Mollie Stemler, his wife, the beneficiary therein named, and which certificate in effect provided that, in case of the death of said Mollie Stemler prior to the death of said Jacob Stemler, then, and in that event, the said sum should be payable to the heirs…
2Cases cited9 opinions
- Titsworth v. TitsworthSupreme Court of Kansas · 1889
- Wandell v. Mystic ToilersSupreme Court of Iowa · 1905
- Shuman v. Ancient Order of United WorkmenSupreme Court of Iowa · 1900
- Independent Foresters v. KeliherOregon Supreme Court · 1899
- Holden v. Modern Brotherhood of AmericaSupreme Court of Iowa · 1911
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Modern Woodmen of America v. HeadleSupreme Court of Vermont · 1914
- Hughes v. Modern Woodmen of AmericaSupreme Court of Minnesota · 1914
- Rasmussen v. Mutual Life InsuranceNorth Dakota Supreme Court · 1940
- Hayden v. Modern Brotherhood of AmericaSupreme Court of Iowa · 1916
- House v. Bankers' Reserve Life Co.South Dakota Supreme Court · 1920
4 more not listed; retrieve them via the Exa API.