Potz v. Cigarmakers International Union
Supreme Court of Minnesota
Action in the district court for Blue Earth county by Theresa Potz, individually and as administratrix of the estate of Bernard Prosser, deceased, to recover $550 ás a death benefit. Defendant interposed a demurrer to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was overruled, Quinn, J. The case was tried before Comstock, J., who made findings and ordered judgment in favor of defendant dismissing the action.
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Action in the district court for Blue Earth county by Theresa Potz, individually and as administratrix of the estate of Bernard Prosser, deceased, to recover $550 ás a death benefit. Defendant interposed a demurrer to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was overruled, Quinn, J. The case was tried before Comstock, J., who made findings and ordered judgment in favor of defendant dismissing the action. From the judgment entered pursuant to the order for judgment, plaintiff appealed.
1Opinion of the Court
Taylor, C.
Bernard Prosser died at Crookston, Minnesota, on December 28, 1914. At the time of his death and for more than 25 years prior thereto, he had been a member in good standing in the defendant union. Plaintiff, his mother, brought this suit to recover a death benefit to which she claimed to be entitled under the laws of the union. The trial court *340rendered judgment in favor of defendant and plaintiff appealed therefrom.
Defendant is a trade union and issues no insurance policies or certificates, but provides in its constitution for the payment of a death benefit where a deceased member…
2Cited by3 opinions
- Borsgard v. ElverumSupreme Court of Minnesota · 1957
- Ives v. PillsburySupreme Court of Minnesota · 1938
- Lifson v. Commissioner of TaxationSupreme Court of Minnesota · 1972