Legal Opinion

Rogers v. Equitable Mutual Life & Endowment Ass'n

Supreme Court of Iowa

Decided October 19, 1897PublishedCited by 4 opinions

Appeal from Boone District Court. — Hon. D. R. Hind-man, Judge. 'About 2 o’clock p. m., December 17,1895, tbe plaintiff made application, at Boone, Iowa, to one Ayleswortb for membership in 'the accident department of the defendant association located at Waterloo Iowa. Aylesworth was the defendant’s soliciting agent at Boone. The application was in writing.

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Appeal from Boone District Court. — Hon. D. R. Hind-man, Judge. 'About 2 o’clock p. m., December 17,1895, tbe plaintiff made application, at Boone, Iowa, to one Ayleswortb for membership in 'the accident department of the defendant association located at Waterloo Iowa. Aylesworth was the defendant’s soliciting agent at Boone. The application was in writing. The application was mailed at Boone on the afternoon of the day it was made, and readied Waterloo' on the forenoon of the next day, and was accepted, and a certificate issued, dated December 18, 1895, which was mailed to Aylesworth at…

1Opinion of the CourtGranger, J.

The following are provisions of the certificate: “That the Equitable Mutual Life and Endowment Association, Accident Department, in consideration of the warranties and agreements made in the application for membership, and of the sum of three dollars, and of the quarterly payment of three dollars and seventy-five cents, — the first quarterly payment falling due January 18, 1895, and the second May 1, 1895, and quarterly 'thereafter, — hereby accepts Lewis R.. Rogers, 'by occupation, profession, or employment a freight brakeman, postoffi.ee address, Boone, county of Boone, state of Iowa, as a…

2Cases cited4 opinions

  1. Lightbody v. North American InsuranceNew York Supreme Court · 1840
  2. Keim v. Home Mutual Fire & Marine InsuranceSupreme Court of Missouri · 1867
  3. Baldwin v. Chouteau InsuranceSupreme Court of Missouri · 1874
  4. Kohne v. Insurance Co. of North AmericaU.S. Circuit Court for the District of Pennsylvania · 1804

3Cited by4 opinions

  1. Beswick v. National Casualty Co.Missouri Court of Appeals · 1920
  2. Moller v. GottschSupreme Court of Iowa · 1899
  3. Basinsky v. National Casualty Co.Washington Supreme Court · 1922
  4. Rainsbarger v. Mutual Benefit Health & Accident Ass'nSupreme Court of Iowa · 1940

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