Holden v. Modern Brotherhood of America
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. Milo P. Smith, Judge. Action by plaintiff as beneficiary named in a mutual benefit certificate in the defendant association issued to plaintiff’s husband, Benj. P. Holden. The intervener, who. is the mother of Benj. P. Holden, claimed the amount due under the certificate by virtue of an alleged change of beneficiary attempted to be made by him in her favor.
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Appeal from Linn District Court. — Hon. Milo P. Smith, Judge. Action by plaintiff as beneficiary named in a mutual benefit certificate in the defendant association issued to plaintiff’s husband, Benj. P. Holden. The intervener, who. is the mother of Benj. P. Holden, claimed the amount due under the certificate by virtue of an alleged change of beneficiary attempted to be made by him in her favor. There was a verdict for the intervener, and from judgment on such verdict the plaintiff appeals.
1Opinion of the CourtDeemer, J.
The certificate of membership in the defendant association issued to Benj. P. Holden as member, naming plaintiff as beneficiary, contained by reference to the by-laws of the association the following stipulation as to change of beneficiary; “Should a member in good standing desire to change his' beneficiary or beneficiaries, such member shall deliver to the secretary for the subordinate lodge of which he is a member his benefit certificate, with the surrender clause on the back thereof properly executed, designating therein the change desired, and the name of the person or persons,…
2Cases cited29 opinions
- Supreme Conclave v. CappellaU.S. Circuit Court for the District of Eastern Michigan · 1890
- Luhrs v. . LuhrsNew York Court of Appeals · 1890
- Jory v. Supreme Council American Legion of HonorCalifornia Supreme Court · 1894
- Marsh v. Supreme Council American Legion of HonorMassachusetts Supreme Judicial Court · 1889
- Delaney v. DelaneyIllinois Supreme Court · 1898
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3Cited by17 opinions
- Modern Woodmen of America v. HeadleSupreme Court of Vermont · 1914
- Thomas v. Locomotive Engineers' Mutual Life & Accident InsuranceSupreme Court of Iowa · 1921
- Richey v. Sovereign Camp of the Woodmen of the WorldSupreme Court of Iowa · 1918
- Ehlerman v. Bankers Life Co.Supreme Court of Iowa · 1924
- Hughes v. Modern Woodmen of AmericaSupreme Court of Minnesota · 1914
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