Legal Opinion

Schmidt v. Supreme Tent of the Knights of the Maccabees of the World

Wisconsin Supreme Court

Decided November 16, 1897PublishedCited by 13 opinions

Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Bdbnell, Circuit Judge. The defendant is a foreign corporation licensed to do business as a mutual benefit insurance society in this state.

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Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Bdbnell, Circuit Judge. The defendant is a foreign corporation licensed to do business as a mutual benefit insurance society in this state. On the 26th of April, Í893, Henry L. Schmidt, deceased, then the husband of the plaintiff, became a member of a local lodge of the defendant company at Oshkosh, called the Northern Light Tent, No. 85, and received a certificate to the effect that upon his death $1,000 would be paid to his wife, Emma E. Schmidt, the plaintiff, upon the furnishing of proofs of death and the surrender…

1Opinion of the CourtWiNslow, J.

The certificate of membership in question was conditioned on compliance with all the laws of the order then in force or that might thereafter be adopted. A by-law ■was duly and regularly adopted in May, 1893, which provided that, if any beneficial member of the order engage in any prohibited occupation after admission, his certificate should become null and void, and he should “ stand suspended from all rights to participate in the benefit funds of the order.” This by-law is not unreasonable, and it was clearly binding on the plaintiff by the terms of the certificate. Moreover, it was…

2Cases cited2 opinions

  1. Carey v. German American InsuranceWisconsin Supreme Court · 1893
  2. Freckmann v. Supreme Council of the Royal ArcanumWisconsin Supreme Court · 1897

3Cited by13 opinions

  1. Loeffler v. Modern Woodmen of AmericaWisconsin Supreme Court · 1898
  2. Ross v. Modern Brotherhood of AmericaSupreme Court of Iowa · 1903
  3. Hughes v. Wisconsin Odd Fellows' Mutual Line InsuranceWisconsin Supreme Court · 1898
  4. Lewine ex rel. Wolford v. Supreme Lodge, Knights of Pythias of the WorldMissouri Court of Appeals · 1907
  5. Grand Lodge of Ancient Order of United Workmen v. BurnsSupreme Court of Connecticut · 1911

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