Kumle
Kumle v. Grand Lodge Ancient Order of United Workmen
Opinion
Lead Opinion
Searls, J.
Appeal from a judgment in favor of plaintiff and from an order denying defendant's motion for a new trial.
The action is brought by Julia E. Kumle to recover two thousand dollars as the beneficiary named in a certain beneficiary certificate issued by the defendant corporation to Peter Kumle, on the fourteenth day of November, 1870, in the words and figures following:
The complaint may be said to be in the usual form in such cases. It contains a copy of the foregoing certificate, and among other allegations, avers the acceptance of the certificate by Peter Kumle; that he in every particular complied with all the laws, rules, and requirements of the Ancient Order of United Workmen; that he, up tp the time of his death, which occurred December 4,1891, contributed to the funds of the order as required by the laws and rules thereof, and had, at the time of his death, dúly performed all the conditions on his part to be performed in relation to said beneficiary certificate, and in relation to the payment thereto, to entitle the beneficiary named therein to have and recover two thousand dollars, as in said certificate set forth, etc.
The answer specified the objects of the corporation…
Dissenting Opinion
Beatty, J.
dissented from the order denying a hearing in Bank.