Clune v. Catholic Order of Foresters
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Calumet county: Geo. W. Burnell, Circuit Judge. Action upon a benefit certificate for $2,000 issued by the defendant order in 1901 to the deceased husband of plaintiff. The defense was that in May, 1916, the deceased was lawfully suspended from the order because of the nonpayment of his March, 1916, dues and that he had never been reinstated.
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Appeal from a judgment of the circuit court for Calumet county: Geo. W. Burnell, Circuit Judge. Action upon a benefit certificate for $2,000 issued by the defendant order in 1901 to the deceased husband of plaintiff. The defense was that in May, 1916, the deceased was lawfully suspended from the order because of the nonpayment of his March, 1916, dues and that he had never been reinstated. The trial court took an accounting of payments made by the deceased almost from the time of the issuance of the certificate until his death, so far as the books of. the company would permit, and found that…
1Opinion of the CourtVinje, J.
We find it unnecessary to discuss many of the questions presented by the briefs of counsel for the respective parties or to set out in detail all the facts upon which they rely, because of the existence of certain facts that are un-contradicted and control the case. No other prior ground of suspension than the delinquency of the March, 1916, dues is urged. If that fails then the suspension was unlawful.
It is undisputed that Clune went into the saloon business July 1, 1915, and from such date till January 1, 1916, when he received a permit from the order to engage in such “hazardous risk,” he…
2Cases cited4 opinions
- Langnecker v. Trustees of the Grand Lodge Ancient Order of United WorkmenWisconsin Supreme Court · 1901
- J. I. Case Threshing Machine Co. v. JohnsonWisconsin Supreme Court · 1909
- Baumann v. Metropolitan Life Insurance Co.Wisconsin Supreme Court · 1910
- Peterson v. Stoughton State BankWisconsin Supreme Court · 1890