Bosworth v. Western Mutual Aid Society
Supreme Court of Iowa
Appeal from Polk Circuit Court. — Hon. J. H. Hendeeson, Judge. Action of mandamus to compel the defendant to make an assessment on its members to pay a loss because of the fact that Drake S. Bosworth was a member of said society, and had deceased prior to the commencement of this action. Trial to the court, and judgment for the defendant. The plaintiffs appeal.
1Opinion of the CourtSeevees, C. J.
— I. When the deceased became a member of the society he received a certificate of membership, which contains the following provisions: “This *583certificate shall be void — First, if the' amount of any assessment made on account of death benefits or the relief fund is not received at the Des Moines office within thirty days from the date of the notice thereof.” The defendant pleaded that the deceased had failed to pay the amount of two death losses of which he had been notified for a longer period of time than above stated, and therefore the policy was void. As the appellants contend, the…
2Cases cited3 opinions
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
- Mandego v. Centennial Mutual Life Ass'nSupreme Court of Iowa · 1884
- Servoss v. Western Mutual Aid SocietySupreme Court of Iowa · 1885
3Cited by14 opinions
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- Wallace v. Fraternal Mystic CircleMichigan Supreme Court · 1899
- Willis v. Miss. Farm Bureau Mut. Ins. Co.Mississippi Supreme Court · 1985
- Inter-Ocean Insurance Company v. BanksSupreme Court of Alabama · 1958
- Childress v. Foremost Ins. Co., Inc.Supreme Court of Alabama · 1982
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