Macknick v. Switchmen's Union
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $1,200 upon defendant’s benefit certificate upon the life of Robert T. Mack-nick. The case was dismissed and judgment entered in favor of defendant. Plaintiff obtained an order requiring defendant to show cause why the order of dismissal and all proceedings subsequent thereto should not be set aside and the action be reset for trial. The application was heard before Leary, J., and granted upon condition.
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Action in the district court for Hennepin county to recover $1,200 upon defendant’s benefit certificate upon the life of Robert T. Mack-nick. The case was dismissed and judgment entered in favor of defendant. Plaintiff obtained an order requiring defendant to show cause why the order of dismissal and all proceedings subsequent thereto should not be set aside and the action be reset for trial. The application was heard before Leary, J., and granted upon condition. From the order setting aside the judgment and granting a new trial, defendant appealed.
1Opinion of the CourtHallam, J.
This action was commenced May 10, 1914, to recover on a benefit certificate issued by defendant to plaintiff’s son. The son died in November, 1910. The complaint shows that no assessments were paid for about a year before his death, but plaintiff claims defendant waived payment because of a strike. Defendant denies waiver, and further alleges that a by-law of defendant provided that legal proceedings upon benefit certificates shall be barred, unless commenced within six months after final rejection of the claim, and further alleges that the claim was rejected March 23, 1911. The reply was a…
2Cases cited5 opinions
- Beckett v. Northwestern Masonic Aid Ass'nSupreme Court of Minnesota · 1897
- Gerdtzen v. CockrellSupreme Court of Minnesota · 1893
- Wells v. PenfieldSupreme Court of Minnesota · 1897
- Weiser v. City of St. PaulSupreme Court of Minnesota · 1902
- Baldwin v. RogersSupreme Court of Minnesota · 1881
3Cited by11 opinions
- Rishmiller v. Denver & Rio Grande RailroadSupreme Court of Minnesota · 1916
- Blythe v. KujawaSupreme Court of Minnesota · 1929
- Phelps v. Consolidated Vermillion & Extension Co.Supreme Court of Minnesota · 1923
- Thunderbird Motel Corporation v. County of HennepinSupreme Court of Minnesota · 1971
- Elsen v. State Farmers Mutual Insurance Co.Supreme Court of Minnesota · 1944
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