Fitzgerald v. Metropolitan Accident Ass'n
Supreme Court of Iowa
Appeal from Linn District Qourt. — FIon. William G. Thompson, Judge. This action is to recover upon a certificate of membership issued by the defendant to plaintiff’s assignor for the payment of certain weekly indemnity in case of accidental injuries sustained by the assured.
Read the full summary
Appeal from Linn District Qourt. — FIon. William G. Thompson, Judge. This action is to recover upon a certificate of membership issued by the defendant to plaintiff’s assignor for the payment of certain weekly indemnity in case of accidental injuries sustained by the assured. The defendant set up as a defense that the assured had forfeited his membership by failure to pay the expenses on his certificate which were due September 9, 1894, at the time they were due and payable, and that the action is barred by the limitation contained in its by-laws. • At the close of the testimony the court…
1Opinion of the CourtGiven, J.
I. The questions certified are stated as follows: First. Whether the provisions of the certifícale of membership, stating that the by-laws of the association are made a part thereof, is sufficient to authorize the introducá :i of said by-laws in evidence in behalf of the defendant and on the trial for the purpose of showing the plaintiff’s assignor had been suspended from membership at the time he received his injury, and that, under said by-laws, he was therefore not entitled to any benefits under his said certificate of membership, a copy of said by-laws not being attached to or indorsed on…
2Cases cited4 opinions
- Simeral v. Dubuque Mutual Fire InsuranceSupreme Court of Iowa · 1865
- Walsh v. Ætna Life InsuranceSupreme Court of Iowa · 1870
- Hobbs v. Iowa Mutual Benefit Ass'nSupreme Court of Iowa · 1891
- Coles v. Iowa State Mutual InsuranceSupreme Court of Iowa · 1865
3Cited by6 opinions
- Norton v. Catholic Order of ForestersSupreme Court of Iowa · 1908
- Hexom v. Knights of Maccabees of the WorldSupreme Court of Iowa · 1908
- Fee v. National Masonic Accident Ass'nSupreme Court of Iowa · 1900
- Farmers Mutual Hail Insurance v. SlatterySupreme Court of Iowa · 1902
- Jewell v. NuhnSupreme Court of Iowa · 1915
1 more not listed; retrieve them via the Exa API.