Soules v. Brotherhood of American Yeomen
North Dakota Supreme Court
Appeal from Stutsman County Court; Burke, J. Action by Victoria Soules against the Brotherhood of American Yeomen. From a judgment for plaintiff and an order denying a new trial, defendant appeals. Intention to show mistake in proof of loss must be pleaded. Travelers Ins. Co. v. Robbins, 27 U. S. App. 547; Travelers Ins. Co. v. Melick, 65 Fed. 178; Mutual Bene. Life Assoc, v. Newton, 22 Wall. 32; Keels v. Mut. Res. Fund Life Assoc. 29 Fed. 198-201; Me-. Master v. Ins.
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Appeal from Stutsman County Court; Burke, J. Action by Victoria Soules against the Brotherhood of American Yeomen. From a judgment for plaintiff and an order denying a new trial, defendant appeals. Intention to show mistake in proof of loss must be pleaded. Travelers Ins. Co. v. Robbins, 27 U. S. App. 547; Travelers Ins. Co. v. Melick, 65 Fed. 178; Mutual Bene. Life Assoc, v. Newton, 22 Wall. 32; Keels v. Mut. Res. Fund Life Assoc. 29 Fed. 198-201; Me-. Master v. Ins. Co. of N. A. 55 N. Y. 222; Parmalee v. Hioffman F. Ins. Oo., 54 N. Y. 193. Burden is on plaintiff to disprove suicide. Home…
1Opinion of the CourtMorgan, C. J.
This is an action to recover upon a policy of fraternal life insurance issued to -the plaintiff’s husband for her benefit on the 25th day of July, 1899, for the sum of $2,000. The complaint alleges the payment of the premiums and the issuance of the policy or certificate of insurance and the subsequent death of the insured on the 22nd day of July, 1902, and that proof of death was furnished to the defendant as required by the certificate of insurance and rules of the company, and that payment of the amount has been refused by the defendant, although duly demanded. The answer alleges as…
2Cases cited11 opinions
- Home Benefit Assn. v. SargentSupreme Court of the United States · 1892
- Dolan v. Mutual Reserve Fund Life Ass'nMassachusetts Supreme Judicial Court · 1899
- White v. Provident Savings Life Assurance SocietyMassachusetts Supreme Judicial Court · 1895
- Kidder v. Supreme Commandery United Order of the Golden CrossMassachusetts Supreme Judicial Court · 1906
- Jacobs v. Omaha Life Ass'nSupreme Court of Missouri · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Paulsen v. Modern Woodmen of AmericaNorth Dakota Supreme Court · 1911
- Rober v. Northern Pacific Railway Co.North Dakota Supreme Court · 1913
- Donahue v. Mutual Life InsuranceNorth Dakota Supreme Court · 1917
- Zurich General Accident &, Liability Ins. v. O'keefeCourt of Appeals for the Eighth Circuit · 1933
- Thomas v. New York Life InsuranceNorth Dakota Supreme Court · 1935
8 more not listed; retrieve them via the Exa API.