Nebraska Reports Volume 88

Nebraska Reports Volume 88

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ...before delinquency. The manner of doing business of the supreme lodge virtually extended the period within which a reinstatement could be had without a health certificate being furnished until the first day of the month succeeding that upon which the technical delinquency occurred. The reinstatements before this time were made as a matter of course. Having thus lulled its delinquent members into security by waiving the provisions providing for a forfeiture, it would be manifestly unfair and unjust, whether on the ground of estoppel or on the ground of waiver, to allow the association to insist upon a strict compliance with its by-laws as soon as it ascertained it was impossiblfi for the assured to do so. The facts are so different from those of any other case which has been before this court that it is unnecessary to refer at length to former decisions. The feature which distinguishes this case from those cited by defendant is that the assured dealt directly with an employee of the supreme lodge itself, and with its oflicers, and not With the officer of a subordinate lodge. The writer still adheres to the views expressed in his dissenting opinion in the case of Modern iV0odmen of Amer.ica 'v. "Pr-1'-11 gle, 76 Neb. 384, 388, in a case where there was no knowledge by the supreme body of the attempted waiver by the ofiicer of the local lodge and no ratification, but in this case the supreme body itself acted and the case falls within the rule of Modern Woodmen of America, v. La/n/e, 62 Neb. 89; Supreme Tent, K. of M. W., 1;. Vollce-rt, 25 Ind. App. 627; Erd-mann v. Mutual In-s. 00., 44 Wis. 376; Nihlack, Accident Insurance and Benefit Societies (2d ed.) sec. 300, and cases cited in those opinions. The judgment of the district court is...
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Product details

  • Paperback | 306 pages
  • 189 x 246 x 16mm | 549g
  • United States
  • English
  • black & white illustrations
  • 1236745590
  • 9781236745590