Briesenmeister v. Supreme Lodge Knights of Pythias of the World
Michigan Supreme Court
Error to Wayne. (Hosmer, J.) Assumpsit on a benefit certificate. Defendant brings error. The facts are stated in the opinion. 1. Plaintiff could not raise the question of privilege. She occupies no different position than if she were a creditor having a beneficial interest in the life insured.
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Error to Wayne. (Hosmer, J.) Assumpsit on a benefit certificate. Defendant brings error. The facts are stated in the opinion. 1. Plaintiff could not raise the question of privilege. She occupies no different position than if she were a creditor having a beneficial interest in the life insured. The statutory privilege is personal, for the benefit of the patient, or, at most, of his legal representatives; citing Fraser v. Jennison, 42 Mich. 206; Saripps v. Foster, 41 Id. 742; Railroad Co. v. Martin, Id. 667. 2. The privilege was waived, — ;first, by the proofs of death filed with defendant, and…
1Opinion of the CourtChamplin, C. J.
This is an action brought by the beneficiary named in a benefit certificate issued by the Endowment Bank of the Knights of Pythias on September 21, 1887.
Herman Briesenmeister made application for member*527ship in the Endowment Rank on August 16, 1887, and was examined and admitted to membership, and died on February 22, 1888. He named his wife as beneficiary, who is the plaintiff in this suit. After her husband’s •death, she presented a claim for the amount of the endowment, and also furnished the affidavits and certificates of proof of death, burial, and standing in subordinate lodge and…
2Cases cited11 opinions
- Edington v. . Mutual Life Ins. Co.New York Court of Appeals · 1876
- Brown v. Metropolitan Life InsuranceMichigan Supreme Court · 1887
- McKinney v. Grand Street, Prospect Park & Flatbush RailroadNew York Court of Appeals · 1887
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1883
- McConnell v. City of OsageSupreme Court of Iowa · 1890
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- Dorris v. Detroit Osteopathic Hospital Corp.Michigan Supreme Court · 1999
- Haughton v. Aetna Life InsuranceIndiana Supreme Court · 1905
- Epstein v. Pennsylvania RailroadSupreme Court of Missouri · 1913
- Burgess v. Sims Drug Co.Supreme Court of Iowa · 1901
- Fishleigh v. Detroit United RailwayMichigan Supreme Court · 1919
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