Rainsbarger v. Union Mutual Aid Ass'n
Supreme Court of Iowa
Appeal from Hardin Qireuit Gotiri. This is an action at law on a certificate of membership in the defendant company. The certificate was issued to Enoch Johnson, plaintiff’s father, and it constituted him a member of the association.
Read the full summary
Appeal from Hardin Qireuit Gotiri. This is an action at law on a certificate of membership in the defendant company. The certificate was issued to Enoch Johnson, plaintiff’s father, and it constituted him a member of the association. By it the association agreed, in consideration of the payment by said Johnson of certain dues and assessments, to pay, on proof of his death, to plaintiff and her husband, the net proceeds of one full assessment at schedule rates upon all the members in good standing at the date of such death. This agreement is expressed in the following language: “ Upon receipt…
1Opinion of the CourtReed, J.
Defendant is a mutual association, having no funds for the payment of death losses except such as may be *193realized from assessments on its members. It did not contract for the payment of a specified sum on the death of the members, but its undertaking was that it would make an assessment on its members at the time of the death, and pay over the proceeds of such assessment to the beneficiary. The question raised by the demurrer is whether, upon the refusal of the defendant to make the assessment to pay a death loss, an action at law can be maintained for the recovery of such sum as it might be…
2Cases cited1 opinion
- Bailey v. Mutual Benefit Ass'nSupreme Court of Iowa · 1886
3Cited by8 opinions
- Burdon v. Massachusetts Safety Fund Ass'nMassachusetts Supreme Judicial Court · 1888
- Hart v. National Masonic Accident Ass'nSupreme Court of Iowa · 1898
- Krogh v. Modern Brotherwood of AmericaWisconsin Supreme Court · 1913
- Jackson v. Northwestern Mutual Relief Ass'nWisconsin Supreme Court · 1889
- Rambousek v. Supreme Council of Mystic ToilersSupreme Court of Iowa · 1903
3 more not listed; retrieve them via the Exa API.