McGowan v. Northwestern Legion of Honor
Supreme Court of Iowa
Appeal from Cedar Rapids Superior Court. — Hon. T. M. Giberson, Judge. The plaintiffs are the beneficiaries named in a certificate issued by the defendant corporation to John McGowan for the sum of two thousand dollars. The defendant corporation includes ,in its organization a grand council and subordinate councils; and Cedar Rapids Council, No. 11, is of the latter, and John McGowan was in his lifetime a member thereof.
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Appeal from Cedar Rapids Superior Court. — Hon. T. M. Giberson, Judge. The plaintiffs are the beneficiaries named in a certificate issued by the defendant corporation to John McGowan for the sum of two thousand dollars. The defendant corporation includes ,in its organization a grand council and subordinate councils; and Cedar Rapids Council, No. 11, is of the latter, and John McGowan was in his lifetime a member thereof. The certificate held by him as such member issued June 80, 1890. McGowan died November 18,1898, and this suit is to recover the amount named in the certificate. The…
1Opinion of the CourtGranger, J.
Some facts disclosed by the record, which are without dispute, should be stated at the outset. The assessments numbered 63, 64 and 65, were mailed to, and received by John McGowan. No payment, nor offer of payment, was made on any of them until November 13, 1893. On that day, one Holmes went to the person designated in the assessment notices (W.A. McConkie), and paid the amount of the three assessments (63,64 and 65), and took a receipt therefor, as received from John McGowan. What was said at the time of the payment is stated by McConkie, in his testimony, as follows; “Q. Please state the…
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