Legal Opinion

Johnson v. Modern Brotherhood of America

Supreme Court of Minnesota

Decided December 17, 1909No. Nos. 15,967—(3)PublishedCited by 7 opinions

Action in the district court for Ramsey county to recover $1,000, ■upon a benefit certificate issued by defendant corporation upon •the life of plaintiff’s husband.- The complaint alleged that the de•ceased, contrary to the conditions of the by-laws, was employed for [eighteen months in the manufacture and sale of intoxicating liquor and defendant, ;with full knowledge and notice of such employment, *did demand and accept his monthly dues and assessments, and by its •conduct…

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Action in the district court for Ramsey county to recover $1,000, ■upon a benefit certificate issued by defendant corporation upon •the life of plaintiff’s husband.- The complaint alleged that the de•ceased, contrary to the conditions of the by-laws, was employed for [eighteen months in the manufacture and sale of intoxicating liquor and defendant, ;with full knowledge and notice of such employment, *did demand and accept his monthly dues and assessments, and by its •conduct waived compliance .with the by-laws; that from September :20, 1907, until his death on November 10, 1907, deceased- was…

1Opinion of the CourtO’Brien, J.

The plaintiff’s husband was the holder of an insurance certificate issued by the defendant, a fraternal insurance association, on March 25, 1903. The certificate in which plaintiff was named as beneficiary contained this provision:

“5. If said member enters upon or follows any of the employments or occupations enumerated in section A-l, division X, of the supreme lodge by-laws of this society, now in force or as hereafter amended, this certificate shall thereupon be forfeited by such acts, and the same shall be null and void, except as otherwise provided in said by-laws.”

The by-law referred to…

2Cases cited8 opinions

  1. Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
  2. Mee v. Bankers' Life Ass'nSupreme Court of Minnesota · 1897
  3. Modern Woodmen of America v. ColmanNebraska Supreme Court · 1903
  4. Mueller v. Grand Grove United Ancient Order of DruidsSupreme Court of Minnesota · 1897
  5. Wiberg v. Minnesota Scandinavian Relief Ass'nSupreme Court of Minnesota · 1898

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Hendrickson v. Grand Lodge A. O. U. W.Supreme Court of Minnesota · 1912
  2. Logan v. Modern Woodmen of AmericaSupreme Court of Minnesota · 1917
  3. Forney v. Farmers Mutual Fire InsuranceSupreme Court of Minnesota · 1930
  4. Thompson v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1915
  5. Peterson v. Grand Lodge, A. O. U. W. of South DakotaSouth Dakota Supreme Court · 1916

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