Modern Woodmen of America v. Lane
Nebraska Supreme Court
Error from the district court for Lancaster county. Tried below before Holmes, J. William A. Lane was suspended and his certificate became null and void by reason of his own failure and default. No act was necessary on the part of the order or of its officers as a condition precedent. Supreme Lodge v. Keener, 25 S. W. Rep. [Tex.], 1084; Borgraefe v. Supreme Lodge, 22 Mo.
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Error from the district court for Lancaster county. Tried below before Holmes, J. William A. Lane was suspended and his certificate became null and void by reason of his own failure and default. No act was necessary on the part of the order or of its officers as a condition precedent. Supreme Lodge v. Keener, 25 S. W. Rep. [Tex.], 1084; Borgraefe v. Supreme Lodge, 22 Mo. App., 127; Grand Lodge v. Jesse, 50 111. App., 101. William A. Lane was bound to know the provisions of the by-laws of the order of which he was a member, to wit, (1) that he could not be reinstated while sick; (2) that he…
1Opinion of the Court
Pound, C.
This action was brought upon two benefit certificates issued to William A. Lane, husband of the plaintiff. Upon trial to the court, a jury being waived, the plaintiff, as beneficiary, recovered upon the certificate set up in her second cause of action, and judgment was rendered for the defendant upon the other. The cause is here on error to review the judgment for the plaintiff upon the second cause of action.
The trial court made very full and clear findings of fact and conclusions of law, and we have been furnished with unusually careful and elaborate briefs in which a number of…
2Cases cited11 opinions
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Hollis v. State InsuranceSupreme Court of Iowa · 1884
- Supreme Lodge, Knights of Honor v. DavisSupreme Court of Colorado · 1899
- High Court Independent Order of Foresters v. SchweitzerIllinois Supreme Court · 1898
- Mee v. Bankers' Life Ass'nSupreme Court of Minnesota · 1897
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Modern Woodmen of America v. ColmanNebraska Supreme Court · 1903
- Wandell v. Mystic ToilersSupreme Court of Iowa · 1905
- Fee v. FeeNebraska Supreme Court · 1986
- Modern Woodmen of America v. BreckenridgeSupreme Court of Kansas · 1907
- Independent Order of Foresters v. CunninghamTennessee Supreme Court · 1912
16 more not listed; retrieve them via the Exa API.