Gruberski v. Brotherhood of American Yeomen
Supreme Court of Minnesota
Action in the district court for Kamsey county to recover $1,000 upon defendant’s beneficiary certificate. The defense is stated in the third paragraph of the opinion. The case was tried before Haupt, J., and a jury which returned a verdict in favor of plaintiff. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the CourtHolt, J.
A recovery was had upon a benefit certificate issued by defendant, a fraternal beneficiary association. Defendant moved in the alternative for judgment non obstante or a new trial. This appeal is from the order denying the motion.
[These facts are established: On July 20, 1918, Mary Gruberski made ■a written application to defendant for a $1,000 benefit certificate in favor of plaintiff, her brother-in-law. She was examined by defendant’s medical examiner August 1, 1918, and her ahswers to certain questions relative to her health, physical condition and family history, were by him inserted in…
2Cases cited7 opinions
- New York Life Insurance v. FletcherSupreme Court of the United States · 1886
- Olsson v. Midland InsuranceSupreme Court of Minnesota · 1917
- Holmes Electric Protective Co. v. . WilliamsNew York Court of Appeals · 1920
- Stanulevich v. . St. Lawrence Life AssociationNew York Court of Appeals · 1920
- Finn v. Modern Brotherhood of AmericaSupreme Court of Minnesota · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Schmitt v. United States Fidelity & Guaranty Co.Supreme Court of Minnesota · 1926
- Bullock v. New York Life Insurance Co.Supreme Court of Minnesota · 1930
- Schmitt v. Massachusetts Protective Assn. Inc.Supreme Court of Minnesota · 1927