Sargent v. Modern Brotherhood of America
Supreme Court of Iowa
Appeal from Hardin District Court. — IIon. C. G. Lee, Judge. Action to recover a death benefit under a certificate of membership of Lulu N. Sargent in the defendant association, which benefit was made payable to this plaintiff, the mother of said member.
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Appeal from Hardin District Court. — IIon. C. G. Lee, Judge. Action to recover a death benefit under a certificate of membership of Lulu N. Sargent in the defendant association, which benefit was made payable to this plaintiff, the mother of said member. The proceeding was in equity, and the court decreed that plaintiff was entitled to participate in the mortuary fund of the association to the amount of one full assessment on all members in good standing, not to exceed $1,000. The defendant appeals.
1Opinion of the CourtMcClain, J.
The defense to this action is predicated on alleged false statements contained in the application for membership, and the questions argued are: First, whether, in the absence of proof of fraud, false statements constituted a defense; and, second, whether the alleged misstatements were in fact false.
I. Fraternal insurance: íensls-, statutes' I. It appears that the application on which the certificate of membership was issued, consisted to a considerable extent of answers of the applicant to questions propounded by defendant’s regular examining . . ° ° physician, Doctor Guthman, who wrote down…
2Cases cited26 opinions
- Connecticut Mutual Life Insurance v. Union Trust Co.Supreme Court of the United States · 1884
- Cushman v. United States Life InsuranceNew York Court of Appeals · 1877
- Meyer v. Fidelity & Casualty Co.Supreme Court of Iowa · 1895
- Ley v. Metropolitan Life InsuranceSupreme Court of Iowa · 1903
- Billings v. Metropolitan Life InsuranceSupreme Court of Vermont · 1898
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3Cited by17 opinions
- Cedar Rapids Community School District and EMC Insurance Companies v. Christine PeaseSupreme Court of Iowa · 2011
- Service Life Insurance v. McCulloughSupreme Court of Iowa · 1944
- Bednarek v. Brotherhood of American YeomenUtah Supreme Court · 1916
- Lakka v. Modern Brotherhood of AmericaSupreme Court of Iowa · 1913
- Modern Woodmen of America v. HallIndiana Supreme Court · 1921
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