Legal Opinion

Erdmann v. Mutual Insurance Co. of the Order of Herman's Sons of Wisconsin

Wisconsin Supreme Court

Decided January 15, 1878PublishedCited by 28 opinions

APPEAL from the County Court of Milwaukee County. Action by the widow of George Erdmann for §1,000 alleged to have become due ber from the defendant in consequence of the deatli of ber husband, who is alleged to have been at the time of his death a member in good standing of Armin Lodge No. 9 of the order of Herman’s Sons of this state, incorporated by chapter 189, P. & L. Laws of 1871. The answer denies defendant’s liability, on the ground that George Erdmann was not at the…

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APPEAL from the County Court of Milwaukee County. Action by the widow of George Erdmann for §1,000 alleged to have become due ber from the defendant in consequence of the deatli of ber husband, who is alleged to have been at the time of his death a member in good standing of Armin Lodge No. 9 of the order of Herman’s Sons of this state, incorporated by chapter 189, P. & L. Laws of 1871. The answer denies defendant’s liability, on the ground that George Erdmann was not at the time of his death a member in good standing of said, lodge, but for a long time prior to bis death had been in arrears…

1Opinion of the CourtCole, J.

In tbe view wbicb we bare taken of tbis case, it is unnecessary to decide whether tbe first and second errors assigned for a reversal of tbe judgment be well taken or not. Those errors relate to tbe exclusion of evidence, given or offered, as to tbe practical construction of tbe charter and constitution by members and officers of tbe defendant corporation, as bearing on tbe question when a member was in good standing so as to be entitled to tbe benefit of tbe insurance money. It is said to be tbe clear intent of tbe charter and constitution, that tbe insurance should be recovered only when a…

2Cases cited1 opinion

  1. Moore v. EllisWisconsin Supreme Court · 1894

3Cited by28 opinions

  1. Hellenberg v. District Number One of the Independent Order of BerithNew York Court of Appeals · 1884
  2. Masonic Mutual Benefit Ass'n v. BeckIndiana Supreme Court · 1881
  3. Coverdale v. Royal ArcanumIllinois Supreme Court · 1901
  4. Morrison v. Wisconsin Odd Fellows' Mutual Life InsuranceWisconsin Supreme Court · 1884
  5. Millard v. Supreme Council of American Legion of HonorCalifornia Supreme Court · 1889

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