Foss v. Petterson
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. JoNES, Judge. Action by Charley A. Foss against the Modern Woodmen of America, in which, on the application of defendant, Rolf Petterson, by Gustave Petterson, his guardian, was substituted as a party defendant. From a judgment for defendant Rolf Petterson, plaintiff appeals.
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Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. JoNES, Judge. Action by Charley A. Foss against the Modern Woodmen of America, in which, on the application of defendant, Rolf Petterson, by Gustave Petterson, his guardian, was substituted as a party defendant. From a judgment for defendant Rolf Petterson, plaintiff appeals. That the Court erred in directing the verdict complained of is manifestly clear for diverse reasons, and first, because the respondent never had anything more than a contingent interest in the first certificate and second, the Association, which alone could…
1Opinion of the CourtFuller, P. J.
This action as instituted was to recover the amount specified in a benefit certificate purporting to have been issued to one of its members by the Modern Woodmen of America on the day of such member’s death, and, upon a sufficient showing that the defendant society stood ready to pay the full amount claimed to the legal beneficiary, the money was deposited in court, while the action *96proceeded in the name of plaintiff against Rolf Petterson, a brother of the deceased Woodman and the sole beneficiary named in the original benefit certificate issued on the 3d day of November, 1903. After the…
2Cases cited6 opinions
- Supreme Lodge, Knights of Honor v. NairnMichigan Supreme Court · 1886
- Presbyterian Mutual Assurance Fund v. AllenIndiana Supreme Court · 1886
- Elsey v. Odd Fellows' Mutual Relief Ass'nMassachusetts Supreme Judicial Court · 1886
- Sandmeyer v. Dakota Fire & Marine InsuranceSouth Dakota Supreme Court · 1891
- Meuer v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1894
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3Cited by1 opinion
- Commercial Credit Co. v. NissenSouth Dakota Supreme Court · 1926