Cotter v. Grand Lodge A. O. U. W.
Montana Supreme Court
Courts will not allow contracting parties to oust the” jurisdiction of the courts as to any controversies that may arise. (Randall v. American Fire Ins. Go., 10 Mont. 353; Kumle v. Grand Lodge A. O. If. W., 110 Cal. 204, 42 Pac. R. 634; Ba/niher v. Grand Lodge A. O.U.W., 37 Pac.
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Courts will not allow contracting parties to oust the” jurisdiction of the courts as to any controversies that may arise. (Randall v. American Fire Ins. Go., 10 Mont. 353; Kumle v. Grand Lodge A. O. If. W., 110 Cal. 204, 42 Pac. R. 634; Ba/niher v. Grand Lodge A. O.U.W., 37 Pac. R. 245; Insurance Go. v. Morse, 20 Wall. 451; Kinney v. Baltimore da Ohio Employees Association, 15 L. R. A. 142, and cases cited.) Even those authorities that hold that benefit societies such as the defendant order are in a different category from ordinary mutual life insurance companies, and that provisions in the…
1Opinion of the CourtJustice Pigott
This was an action brought to recover §2,000, the amount of a beneficiary certificate issued by the defendant to one Daniel P. Cotter, and payable, in the event of his dying while a member in good standing of the defendant, to his daughter, the plaintiff. Trial was had by jury, who found for plaintiff. From an order denying its motion for a new trial, defendant appeals.
Some thirty-seven errors are specified as having been committed by the district court. Of the many questions presented, a detesmination of those relating to one issue will suffice to dispose of the appeal. Questions touching…
2Cases cited16 opinions
- Supreme Council of the Order of Chosen Friends v. ForsingerIndiana Supreme Court · 1890
- Daniher v. Grand Lodge Ancient Order of United WorkmenUtah Supreme Court · 1894
- Robinson v. Templar Lodge, No. 17California Supreme Court · 1897
- Canfield v. Great Camp of the Knights of the MaccabeesMichigan Supreme Court · 1891
- Wortman v. Montana Central Railway Co.Montana Supreme Court · 1899
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Best Manufacturing Co. v. HuttonMontana Supreme Court · 1914
- Thielbar Realties, Inc. v. National Union Fire InsuranceMontana Supreme Court · 1932
- Nelson v. . R. R.Supreme Court of North Carolina · 1911
- Nelson v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- Marcus v. National Council of Knights & Ladies of SecuritySupreme Court of Minnesota · 1913
6 more not listed; retrieve them via the Exa API.