Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1891-10-31
THE LIFE INDEMNITY SOUND.
A Decision Rendered Which Sustain
Every Corporate Act Of the Co.

A Decision Rendered Which Sustains
Every Corporate Act Of the Co.
In the district court in and for Black
Hawk county.
Bridget Cosgrove, for herself and
others, plaintiff, vs. the Union Mutual
Aid Association and the Life Indemnity
and Investment Company, defendants
Decree.
This cause coming on for hearing on
this 18th day of October, A. ID. 1891, be-
fore the Hon. James l.. Hustled, Judge OF
the tenth judicial district of Iowa, the
plaintiffs appearing by ]. w. Jamison
and Henderson, Hurd, Daniels & Kissel,
their attorneys, and the defendant, Life
Indemnity and Investment company ap-
pearing by A. Il. Cummings, A. s. Will
son and Lore Afford. its attorneys
Thereupon it was agreed by counsel for
the respective parties, that this cause
shall be heard by the honorable Judge
in vacation, and that full and final de
cree shall be rendered herein, and that
the same shall be entered on the first day
on which the district court of Black
Hawk county shall be in session, or upon
any day of the term thereafter, and that
this hearing shall be the final hearing OF
the cause.
Thereupon the parties introduced and
offered their evidence, and the court,
having heard and inspected all the eyi-
dence, and having heard the arguments
OF counsel, now, to-wit. on this 18th day
| of October, A. d., 1891, finds, orders. ad-
judges and DEGREES as follows, to-wit:
First. The court finds that the Union
Mutual Aid Association and the Life In
demnity and Investment company are
one and the same corporation having
been duly and legally changed in ac.
cordance with law.
Second. The court further finds tina,
the surplus fund owned and possessed
by the Union Mutual Aid association, al
the time its name was SO changed. is dis.
tributable among the members of such
association who are holders ofcertificates
issued prior to October l6, 1886, in ac
cordance with the terms Of their respec.
tive certificates, and the b. laws of said
corporation.
Third. The court further finds that
by the issuance and acceptance Of the
supplementary contract; issued by the
defendant, and accepted by all the Ger.
tificate holders, the right of defendant
to make, and the duty of the certificate
holders to pay, a two-fifths assessment,
as provided in such certificates, was
waived and cancelled.
Therefore il is ordered adiudged and
decreed that the two-fifths assessment
heretofore made by the defendant, be
cant e'led, set aside and held for naught,
ard that the defendant return TO plain
tiffs respectively, the sums paid thereon
ID therefor
1t is further ordered, adjudged and de-
creed, that the defendant be, and il is,
perpetually enjoined from making or
collecting any further assessments OF
sach character. and from forfeiting, or
attempting to forfeit said supplementary
contracts of insurance by reason Of the
refusal or failure to pay such two-ffths
assessments
1t is further ordered that counsel fees
for plaintiffs be paid from said surplus
iund, inasmnch as this suit was brought
and tried for the benefit of all certificate
holders.
s 1t is furtner ordered and adjudged
that defendant pay the costs Of this suit,
and also the fees of the shorthand re-
porter. taxed at......dollars.
[Signed.l j. l.. Hustled,
=