Backdahl v. Grand Lodge Ancient Order of United Workmen
Supreme Court of Minnesota
Action brought in the district court for Hennepin county by plaintiffs, alleging themselves to be the mother and sisters of Alfred Backdahl, deceased, and his only heirs at law, upon a “beneficiary certificate” of $2,000, issued to the decedent and payable upon his death to his “legal heirs,” upon the condition that he should “in every particular comply with all laws, rules and requirements of said order.” The defences are stated in the opinion.
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Action brought in the district court for Hennepin county by plaintiffs, alleging themselves to be the mother and sisters of Alfred Backdahl, deceased, and his only heirs at law, upon a “beneficiary certificate” of $2,000, issued to the decedent and payable upon his death to his “legal heirs,” upon the condition that he should “in every particular comply with all laws, rules and requirements of said order.” The defences are stated in the opinion. At the trial, before Rea, J., the defendant had a verdict. The plaintiffs appeal from an order refusing a new trial.
1Opinion of the Court
Collins, J.1
Plaintiffs, as the heirs of Alfred Backdahl, deceased, brought this action to recover the amount of $2,000 upon a beneficiary certificate issued by defendant to him. The answer denied that plaintiffs were the heirs, and alleged two defences, — the first, that Backdahl had been suspended for non-payment of an assessment; second, that he had been suspended for non-payment of dues. When the trial commenced, plaintiffs moved that defendant be required to elect between these two defences relating to non-payment, on the ground that they were inconsistent. The test of consistency in two…
2Cases cited1 opinion
- Scheufler v. Grand Lodge of Ancient Order of United WorkmenSupreme Court of Minnesota · 1891
3Cited by17 opinions
- Consolidated Motors, Inc. v. SkousenArizona Supreme Court · 1941
- Hoyt v. LightbodySupreme Court of Minnesota · 1906
- Barnes v. VerrySupreme Court of Minnesota · 1928
- Armour & Co. v. American Automobile InsuranceSupreme Court of Missouri · 1935
- Rees v. StormsSupreme Court of Minnesota · 1907
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