Legal Opinion

Armstrong v. Modern Woodmen of America

Washington Supreme Court

Decided January 17, 1919No. 14969Published

Appeal from a judgment of the superior court for Whitman county, McCroskey, J., entered December 27, 1917, upon the verdict of a jury rendered in favor of the plaintiffs, in an action on a benefit certificate.

1Opinion of the CourtTolman, J.

This action was brought to recover upon a benefit certificate issued by appellant, Modern Woodmen of America, in 1903, to George E. Armstrong, who, in his application for membership, stated that he was born on the 10th day of July, 1862. George E. Armstrong died on the 11th day of February, 1913, and proof of his death was submitted, in which it appeared that Armstrong was born on the 10th day of July, 1858. Payment was refused because of alleged misrepresentation of the age of deceased, and that fact was pleaded as a defense to the action. Trial was had to a jury, which found a verdict in…

2Cases cited5 opinions

  1. Mattson v. Eureka Cedar Lumber & Shingle Co.Washington Supreme Court · 1914
  2. Smith Sand & Gravel Co. v. CorbinWashington Supreme Court · 1913
  3. Armstrong v. Modern Woodmen of AmericaWashington Supreme Court · 1916
  4. Independent Brewing Co. v. McCrimmonWashington Supreme Court · 1915
  5. Payzant v. CaudillWashington Supreme Court · 1916

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