Sumerlin v. American Fraternal Stars
Michigan Supreme Court
Error to Kent; Brown, J. Assumpsit by Gertrude A. Sumerlin against the American Fraternal Stars on a policy of insurance. Judgment for defendant on a directed verdict. Plaintiff brings error.
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Error to Kent; Brown, J. Assumpsit by Gertrude A. Sumerlin against the American Fraternal Stars on a policy of insurance. Judgment for defendant on a directed verdict. Plaintiff brings error. Plaintiff’s husband, Ambrose N. Sumerlin, held a policy of insurance upon his life in the defendant company, which, with its accumulations, amounted, at the time of his death, on January 8, 1917, to $745.80. This suit is brought by plaintiff as beneficiary under said policy to collect said sum. The policy provided for the payment “by the insured of $1.55 on or before 10 o’clock p. m. of the last day of…
1Opinion of the CourtBrooke, J.
(after stating the facts). Counsel for appellant contends:
First. That after the agreement of the supreme secretary to see to it that the assured did not lapse out, that the order is not in a position to insist that he did- lapse.
Second. That the assured had not been suspended, because no formal action suspending him had been taken.
Third. That the action of the order in accepting payment on the 8th of January, in retaining that payment. until the 8th of May, and in asking for proofs of loss and additional proofs of loss, involving the expenditure of time and money by the plaintiff, that the…
2Cases cited4 opinions
- Petherick v. General Assembly of OrderMichigan Supreme Court · 1897
- Dick v. General Assembly of Order of AmaranthMichigan Supreme Court · 1907
- Edgerly v. Ladies of the Modern MaccabeesMichigan Supreme Court · 1915
- Roulo v. Schiller BundMichigan Supreme Court · 1912
3Cited by3 opinions
- Howe v. Patrons' Mutual Fire Ins.Michigan Supreme Court · 1921
- Staffan v. Cigarmakers' International Union of AmericaMichigan Supreme Court · 1918
- Sullivan v. Ladies Catholic Benevolent Ass'nMichigan Supreme Court · 1921