Sweet v. Modern Woodmen of America
Wisconsin Supreme Court
Appeals from a judgment of the superior court of Ash-land county (Charles Smith, Judge) and from an order of that court (Solon L. Perrin, Judge). This is an action brought to recover on a benefit certificate. Byron C. Sweet became a member of the Modern Woodmen of America at Superior, Wisconsin, November 12, 1898. A benefit certificate for $2,000, payable to his wife upon his death, was issued to him.
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Appeals from a judgment of the superior court of Ash-land county (Charles Smith, Judge) and from an order of that court (Solon L. Perrin, Judge). This is an action brought to recover on a benefit certificate. Byron C. Sweet became a member of the Modern Woodmen of America at Superior, Wisconsin, November 12, 1898. A benefit certificate for $2,000, payable to his wife upon his death, was issued to him. Sweet left home about the 1 st of April, 1909. His wife heard from him until about Thanksgiving, 1909, since which time she has heard nothing of or from him. This action was commenced in…
1Opinion of the Court
The following opinion was filed April 29, 1919:
Owen, J.
The plaintiff’s case rested upon the presumption of death arising from the absence of her husband without any word or tidings from him or any intelligence concerning his whereabouts for a period of more than seven years. It is not disputed that this fact was substantially and satisfactorily proved. The defense relied solely upon the by-law set forth in the statement of facts which was adopted by the association subsequent to the issuance of the benefit certificate upon which the action is founded and in force from and after September 1,…
2Cases cited5 opinions
- Loeffler v. Modern Woodmen of AmericaWisconsin Supreme Court · 1898
- Bartlett v. L. Bartlett & Son Co.Wisconsin Supreme Court · 1903
- Callahan v. Order of Railway Conductors of AmericaWisconsin Supreme Court · 1919
- Grace v. McArthurWisconsin Supreme Court · 1890
- Zaremba v. International Harvester Corp.Wisconsin Supreme Court · 1916
3Cited by19 opinions
- Steen v. Modern Woodmen of AmericaIllinois Supreme Court · 1920
- Modern Woodmen of America v. WhiteSupreme Court of Colorado · 1921
- Boynton v. Modern Woodmen of AmericaSupreme Court of Minnesota · 1921
- Garrison v. Modern Woodmen of AmericaNebraska Supreme Court · 1920
- Fordyce v. Modern Woodmen of AmericaWashington Supreme Court · 1924
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