Moore v. Order of Railway Conductors of America
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. James D. GIieeen, Judge. The plaintiff; brings this action in equity upon a certificate of life. insurance issued by the defendant, a mutual life insurance company upon the assessment plan, to the deceased husband of the plaintiff, in which certificate the plaintiff is named as the beneficiary.
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Appeal from Linn District Court. — Hon. James D. GIieeen, Judge. The plaintiff; brings this action in equity upon a certificate of life. insurance issued by the defendant, a mutual life insurance company upon the assessment plan, to the deceased husband of the plaintiff, in which certificate the plaintiff is named as the beneficiary. The plaintiff alleges the death of her husband, that proofs of death were made, that the defendant refuses to pay the amount due to her upon said certificate or to make an assessment therefor, and prays that the defendant may be compelled to make an assessment…
1Opinion of the CourtGtiven, J.
Among numerous facts admitted in the pleadings and in an agreed statement of facts are the following: The certificate sued upon makes the application upon which it was issued a part of the contract. In the application the assured agreed “to make punctual payment of all dues and assessments, and to conform in every respect to the by-laws and rules and regulations now in force, or which may be lawfully adopted hereafter.” The by-laws provide as follows: “Any member who fails to pay any assessment within sixty days from the date of the notice thereof shall forfeit his membership in the…
2Cases cited3 opinions
- Tobin v. Western Mutual Aid SocietySupreme Court of Iowa · 1887
- Bailey v. Mutual Benefit Ass'nSupreme Court of Iowa · 1886
- Loughridge v. Iowa Life & Endowment Ass'nSupreme Court of Iowa · 1891
3Cited by13 opinions
- Trotter v. Grand Lodge of the Iowa Legion of HonorSupreme Court of Iowa · 1906
- United Order of Golden Cross v. HooserSupreme Court of Alabama · 1909
- Carlson v. Supreme Council American Legion of HonorCalifornia Supreme Court · 1896
- Noem v. Equitable Life Insurance Co. of IowaSouth Dakota Supreme Court · 1916
- Hexom v. Knights of Maccabees of the WorldSupreme Court of Iowa · 1908
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