The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-30

The supreme court yesterday handed
down nine decisions, written by Judge
Collins, FIVE of which were reversals Of
the lower court.
In the suit of Mary G. Bruce against
the Connecticut Mutual Life Insurance
company, to recover the insurance on
her husbands life the court unravels
an interesting controversy and reverses
the lower court The insurance COM
pany contested the policy holders
claim on the ground that the insured
had unJruthfully answered two ques-
tons subscribed TO on the face of the
policy. From the evidence produced
the court thinks there is a reasonable
doubt as to the validity Of Mrs Bruce's
claim, as her husband had been refused
insurance in the Royal Arcanum. A
new trial is ordered.
The syllabus is as follows:
Mary c. Bruce, respondent, VS.. The Conn.
Mutual Life Ins. Co. appellant.
Syllabus-in an application for life insur-
ance, made a part Of policies thereafter is
sued, the applicant was asked E, HAS any
company or association oyer declined, or post
poned, granting or reviving insurance on
your life. either for any particular amount
or In any particular form" To which he
answered No" And by the next question
he was asked, F, Has any opinion ever been
sought from. or any statement made to or
examination mado by, or any consultation
life was n urJble, except as above mention d. -
To which he made the same answer No
Upon the death of the assured the COM
pany refused to pay upon the ground, among
others, that the applicant had untruthfuliy,
falsely and fraudulently answered these two
questions.
Held, that. upon the trial Of an action
brought 10 recover upon these policies, the
court erred when II ruled that the Royal
Arcauum. fraternal and beneficial associa-
ton, issuing certificates TO its memb FRS
whereby upon the death Of a member the
BENEFICIARY named is entitled TO receive a
stated sum Of money out Of fund created by
the association by initiation fees and assess
ments upon surviving members, was not an
association within the scope and meaning OF
question. f. And also held. that the court
erred when II rejected evidence, offered by
defendants counsel, tending 10 show that
prior to the making OF the application in
question, the applicant had sought the opinion
OF the medical examiner of the Royal Area
mum. as to whether not his life was in.
surable and had been examined with reference
thereto, although he was at the time seeking
to become n member of such association.
Order denying a new trial reversed
Collins, j.
In another case involving an insur-
ance company the supreme court re-
verses the lower court. The court says
that it is not necessary for an insur-
ance company suing a stakeholder in
another state to show that it is duly
authorized to do business in the state
where the action is instituted, as that
is a matter Of defense.
The case of b. +. Langworthy. re-
ceiyer for the Mutual Fire Insurance
company. of Chicago, VS. Garding de-
cides "A disputed question as to the liza
bility Of stockholders in companies Of
this nature
The syllabus is as follows:
y. T. Lsngworthy receiver Mutual Fire In
sur3nce Company Of Chicago, appellant, VS.
Nicholas Garding, respondent.
In N or hro tauhf hxr
foreign corporation in a court of this state
IT is not incumbent upon such corporation
TO show that Il has compiled with our statutes
and has o5talfed a certificate of authority
TO transact business within our borders. Nom
compliance with the law IN reference to OBJ
tanning such a certificate is a matter Of de-
Tense
state to wind up a domestic mutual insur-
ance corporation as an insolvent, in which
said court has jurisdiction of the subject mat
ter and Of the defendant company, the mem
bers thereof are parties through representa-
ton by the corporation. And until attacked
and directly set aside In appropriate judicial
-dings an assessment made in the action
upon the members is conclusive evidence in
the courts of this state of the necessity of
making such an assessment and to that ex-
tent binds each Of the memb-rs without per-
sonal notice to him.
3. Where policy holder in such COM
pany contracts to pay sum certain 'by in
stalmentS at such times as the directors of
said company may order and assess for the
losses and expenses of said company" the
statute of nmi atoms does not begin TO run
sessment is made Order reversed
Collins