Frank v. Interstate Business Men's Accident Ass'n
Supreme Court of Iowa
Appeal from Polls Dsirict Court. — Hon. Hugh Brennan, Judge. The petition alleged that plaintiff became a member of the defendant association June 10, 1908, and that on August 27th following be met with an accident causing the total loss of sight in his right eye, and total disability to pursue his usual and ordinary avocation. He prayed for judgment in the sum of $2,000; being $1,250 as indemnity for loss of eye, and $750 for loss of time.
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Appeal from Polls Dsirict Court. — Hon. Hugh Brennan, Judge. The petition alleged that plaintiff became a member of the defendant association June 10, 1908, and that on August 27th following be met with an accident causing the total loss of sight in his right eye, and total disability to pursue his usual and ordinary avocation. He prayed for judgment in the sum of $2,000; being $1,250 as indemnity for loss of eye, and $750 for loss of time. The defendant moved that the cause be transferred to the law side of the calendar, and filed its answer putting in issue the allegations of the petition…
1Opinion of the CourtLadd, J.
The appeal is from an order overruling a motion that the cause be transferred from the law to the *686equity side of the calendar and there heard. If the obligation of the association was no more than to levy an assessment on its members and pay the benefit or indemnity stipulated from the proceeds derived therefrom, then the remedy was in equity and the ruling erroneous. Rambousek v. Supreme Council of Mystic Toilers, 119 Iowa, 263; Collins v. Bankers' Accident Assn., 96 Iowa, 216; Bailey v. Mutual Benefit Assn., 71 Iowa, 689; Rainsbarger v. Union Mutual Masonic Aid Assn., 72 Iowa, 191.
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2Cases cited7 opinions
- Bailey v. Mutual Benefit Ass'nSupreme Court of Iowa · 1886
- Hart v. National Masonic Accident Ass'nSupreme Court of Iowa · 1898
- Fort v. Iowa Legion of HonorSupreme Court of Iowa · 1909
- Collins v. Bankers' Accident InsuranceSupreme Court of Iowa · 1895
- Rainsbarger v. Union Mutual Aid Ass'nSupreme Court of Iowa · 1887
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