Van Norman v. Modern Brotherhood of America
Supreme Court of Iowa
Appeal from Lirm District Oourt.— Hons. B. H. Miller. and J. H. Preston, Judges. Action brought at law by the beneficiary in a mutual benefit certificate issued by defendant, to recover the amount provided by the certificate to be paid on the death of the member.
Read the full summary
Appeal from Lirm District Oourt.— Hons. B. H. Miller. and J. H. Preston, Judges. Action brought at law by the beneficiary in a mutual benefit certificate issued by defendant, to recover the amount provided by the certificate to be paid on the death of the member. On motion of defendant, the case was transferred to the equity docket, and on the evidence introduced under the issue raised by defendant’s answer as to whether the insured died by suicide, within the terms of an excej)tion contained in the certificate, there was a judgment for the defendant. Plaintiff appeals.
1Opinion of the CourtMcClain, J.
1. Benedicial insurance form of action by beneficiary. I. The first contention for appellant is that the action of the trial court in transferring the case to the equity docket, to which exception was properly taken, was erroneous. The provision of the certifi-' cate, set out as an exhibit to plaintiff’s petition, is that said certificate entitles the person named to membership in the fraternity, and, “ in case of the death of the said member while in good standing, permits his beneficiary to participate in the mortuary fund to the amount of one full assessment on all members in good standing…
2Cases cited15 opinions
- United States Mutual Accident Ass'n v. BarrySupreme Court of the United States · 1889
- Stephenson v. Bankers Life Ass'n of Des MoinesSupreme Court of Iowa · 1899
- Tobin v. Western Mutual Aid SocietySupreme Court of Iowa · 1887
- Bailey v. Mutual Benefit Ass'nSupreme Court of Iowa · 1886
- Tackman v. Brotherhood of American YeomanSupreme Court of Iowa · 1906
10 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Fort v. Iowa Legion of HonorSupreme Court of Iowa · 1909
- Green v. New York Life InsuranceSupreme Court of Iowa · 1921
- Norman v. Modern Brotherhood of AmericaSupreme Court of Iowa · 1909
- Tomlinson v. Sovereign Camp of Woodmen of the WorldSupreme Court of Iowa · 1913
- Frank v. Interstate Business Men's Accident Ass'nSupreme Court of Iowa · 1911