Morse v. Modern Woodmen of America
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Crosse county: E. 0. Higbee, Circuit Judge. Libel. The defendant is a fraternal beneficiary society incorporated in Illinois and doing business in that and adjoining states. The plaintiff was a member of the society and held a certifícate or policy of insurance therein. In 1912 the head camp or governing body of the defendant met and changed the by-laws and increased the rates of insurance.
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Appeal from a judgment of the circuit court for La Crosse county: E. 0. Higbee, Circuit Judge. Libel. The defendant is a fraternal beneficiary society incorporated in Illinois and doing business in that and adjoining states. The plaintiff was a member of the society and held a certifícate or policy of insurance therein. In 1912 the head camp or governing body of the defendant met and changed the by-laws and increased the rates of insurance. This action aroused opposition among policy-holders and agitation for repeal of the new by-laws was widespread, while officers of the head camp carried on…
1Opinion of the CourtWinsuow, C. J.
The appellant’s first contention is that it is a purely benevolent association, that all its funds are trust funds, and that the same rule should he applied to it as has been recently applied by this court to incorporated charitable hospitals, namely, that it is not to be held liable for the torts of its employees or agents in the absence of negligence in their selection. Morrison v. Henke, 165 Wis. 166, 160 N. W. 173.
We cannot sustain this contention. While the order has social, benevolent, and charitable features, it is essentially, so far as the head camp is concerned, an insurance…
2Cases cited4 opinions
- Zinc Carbonate Co. v. First National Bank of ShullsburgWisconsin Supreme Court · 1899
- Morrison v. HenkeWisconsin Supreme Court · 1917
- Northwestern Mutual Life Insurance v. StateWisconsin Supreme Court · 1916
- Monson v. LathropWisconsin Supreme Court · 1897
3Cited by9 opinions
- Lisowski v. ChenenoffWisconsin Supreme Court · 1968
- Solo Cup Company v. Paper MacHinery Corporation, Ralph O. Martin and John R. BaumgartnerCourt of Appeals for the Seventh Circuit · 1966
- Solo Cup Company v. Paper MacHinery CorporationDistrict Court, E.D. Wisconsin · 1965
- Pandolfo v. Bank of BensonCourt of Appeals for the Ninth Circuit · 1921
- Gerardi v. CarlisleDistrict Court of Appeal of Florida · 1969
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