112 F. 495 (N.D.Iowa 1901), Glass v. Masons' Fraternal Acc. Ass'n, of America

Citation:112 F. 495
Party Name:GLASS v. MASONS' FRATERNAL ACC. ASS'N OF AMERICA.
Case Date:December 24, 1901
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
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Page 495

112 F. 495 (N.D.Iowa 1901)

GLASS

v.

MASONS' FRATERNAL ACC. ASS'N OF AMERICA.

United States Circuit Court, N.D. Iowa, Eastern Division.

December 24, 1901

H. T. Reed and C. W. Reed, for plaintiff.

R. J. Burglehaus and John McCook, for defendant.

Page 496

The parties in this case having in writing waived a jury trial, the court, from the evidence submitted, finds the facts of the case to be as follows:

(1) That the plaintiff herein was, when this action was begun, and continues to be, a citizen of the state of Iowa, residing in the Eastern division of the Northern district of Iowa, and that he is the duly appointed and qualified administrator of the estate of M. L. McNally, deceased, so appointed by the district court of Howard county, Iowa.

(2) That the defendant company was, when this suit was begun, and continues to be, a corporation created under the laws of the state of Massachusetts, and is engaged in the business of accident life insurance.

(3) That in April, 1891, one M. L. McNally resided at Lime Springs, Howard county, Iowa, being engaged in the business of buying and selling grain, and on the 13th day of April, 1891, the said McNally signed an application for membership in the defendant association, which was in the form following:

'Fill in This Blank Plainly with Ink.

'Application for Membership.

'Class 1.

No. 20,566.

'The Masons' Fraternal Accident Association of America, Westfield, Mass.

'Incorporated Under Massachusetts Laws.

'$5,000 insurance.

'2,500 for loss of hand or foot.

'$5,000 for loss of both hands or feet. $5,00 for loss of both eyes.

'Applications for membership are not binding until accepted by the secretary. No other person is authorized to bind the association.

'No. 1. Name in full: M. L. McNally.

'No. 2. Age: 36.

'No. 3. Residence: Street & No. -- . Town: Lime Springs. State: Iowa.

'No. 4. Place of business: Town; Lime Springs, Iowa.

'No. 5. P.O. address were notices are to be mailed: Lime Springs, Iowa.

'No. 6. Occupation: Merchant grain dealer.

'(Name them all.)

'No. 7. What are the duties required of you in above occupation? Office duty.

'No. 8. I agree to have my occupation classed as -- .

'No. 9. I agree to carry this insurance one year, and pay assessments quarterly.

'No. 10. The weekly indemnity herein named does not exceed my salary.

Page 497

'No. 11. In case of accidental death, the benefits of my certificate shall be payable to

'A. Given name in full: Anna G. Nally.

'B. Residence: Lime Springs.

'C. Relations, if any: Wife.

'No. 12. Insurance in case of accidental death to be $ -- .

'No. 13. Weekly indemnity for disabling injuries to be $ -- .

'No. 14. I have never had, nor am I subject to, fits, disorders of the brain, or any bodily or mental infirmity, except as herein stated.

'No. 15. I am not contemplating any special journey, or any hazardous undertaking, except as herein stated.

'No. 16. My habits are correct and temperate, and I agree that this certificate shall not cover any injury happening through or while under the influence of intoxicating drinks or narcotics.

'No. 17. I understand the classifications of risks, and agree that for any injury received in any occupation or exposure classed by this association as more hazardous than those above stated I shall be entitled to recover only such amount as the premium paid by me would purchase at the rates fixed for such increased hazard.

'No. 18. I hereby agree that Bro. L. G. Basford, into whose hands this application is given for transmission to the Masons' Fraternal Accident Association, is my agent in the perfecting of the insurance under this application.

'No. 19. Name of Lodge: Howard, No. 224. Location: Lime Springs.

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