Legal Opinion

Kottmann v. Gazett

Supreme Court of Minnesota

Decided October 21, 1896No. Nos. 10,113-(20)PublishedCited by 6 opinions

Action in tbe district court for Hennepin county by Minna Kottmann, as administratrix of tbe estate of Frieda Gazett, deceased, against Minnesota Odd Fellows’ Mutual Benefit Society for tbe recovery of $2,000, alleged to- be due to tbe intestate upon a certificate of membership in defendant society issued by it to Jacob Gazett.

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Action in tbe district court for Hennepin county by Minna Kottmann, as administratrix of tbe estate of Frieda Gazett, deceased, against Minnesota Odd Fellows’ Mutual Benefit Society for tbe recovery of $2,000, alleged to- be due to tbe intestate upon a certificate of membership in defendant society issued by it to Jacob Gazett. Defendant deposited $2,000 in court, and Daniel Gazett and others, children of Jacob Gazett, were substituted as defendants and answered, demanding payment to them as heirs of said Jacob Gazett. The case was tried before Russell, J., who ordered judgment in favor of…

1Opinion of the CourtMitchell, J.

On January 3, 1884, Jacob Gazett became a member of the Minnesota Odd Fellows’ Mutual Benefit Society, which issued to him a certificate of membership by which it agreed

“To pay within sixty days after notice and satisfactory proofs of the death of said brother, made as provided by tbe by-laws, to Mrs. *89Frieda Gazett, his wife, if living, if not living, then to the heirs or assigns of the aforesaid brother, a sum equal to the amount of one •dollar for each full member of the society at the time of his death, which sum, however, shall not exceed $2,000.”

Gazett died November 12, 1894, leaving his…

2Cases cited1 opinion

  1. Union Mutual Ass'n v. MontgomeryMichigan Supreme Court · 1888

3Cited by6 opinions

  1. Savela v. EricksonSupreme Court of Minnesota · 1917
  2. Rossetti v. HillCourt of Appeals for the Ninth Circuit · 1947
  3. Wittry v. Northwestern Mutual Life InsuranceDistrict Court, D. Minnesota · 1989
  4. Mayr v. AranaCalifornia Court of Appeal · 1955
  5. Birge v. FranklinSupreme Court of Minnesota · 1908

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