Tobin v. Western Mutual Aid Society
Supreme Court of Iowa
Appeal from Lúeas Gireuit Court. This is an action upon a certificate of membership issued by defendant to one Cecilia Tobin, wife of the plaintiff, who is the beneficiary.
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Appeal from Lúeas Gireuit Court. This is an action upon a certificate of membership issued by defendant to one Cecilia Tobin, wife of the plaintiff, who is the beneficiary. The defense is based on the failure of said member to pay certain assessments in the year 1S84. The plaintiff, by reply, denied such failure, and alleged that in March, 1885, the defendant demanded and received from said member the annual payment falling due April 1, 1885, and still retains the same, and thereby waived the alleged prior Preaches. Trial was had to a jury, and verdict and judgment were rendered in favor of…
1Opinion of the Court
Adams, Ch. J.
1. puEADiirs-: pfeaofvvaivei: ments. I. The appellant contends that the effect of the reply wherein the plaintiff pleaded a waiver or estop-pel was to admit the alleged failure to pay assessments, and that the court erred in submitting such question of failure to the jury, and in support of this doctrine relies upon Meadows v. Hawkeye Ins. Co., 62 Iowa, 387. But the pleading of a waiver or estop-pel is not necessarily inconsistent with a denial of the facts pleaded in the answer as a defense, and' we see no reason why plaintiff could not both deny the alleged failure to pay…
2Cases cited4 opinions
- Hodsdon v. Guardian Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Bailey v. Mutual Benefit Ass'nSupreme Court of Iowa · 1886
- Meadows v. Hawkeye InsuranceSupreme Court of Iowa · 1883
- Eikenberry & Co. v. EdwardsSupreme Court of Iowa · 1887
3Cited by35 opinions
- Goodwin v. Provident Savings Life Assurance Ass'nSupreme Court of Iowa · 1896
- Trotter v. Grand Lodge of the Iowa Legion of HonorSupreme Court of Iowa · 1906
- Great American Ins. Co. v. DoverSupreme Court of Alabama · 1929
- Millard v. Supreme Council of American Legion of HonorCalifornia Supreme Court · 1889
- Metropolitan Safety Fund Accident Ass'n v. WindoverIllinois Supreme Court · 1891
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