The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1910-09-30
M. ". A. ORDER is HIT
DECISION OF A COURT
From Fridays Daily.

By accepting assessments and dues
from member engaged in pro-
hibited occupation an insurance COM
pany stops itself from claiming a
forfeiture of the benefit certificate, ac
cording to decision by Judge l. M.
Olsen of the Nicollet county district
court. The decision, which is most
interesting one, was handed down last
Tuesday, and was given in the case
of Mrs. Rosa Carlson VS.. the Modern
WOOdmen of America. In it the plain
tiff is given judgment for the full
amount of her claim of $1,000, with
interest at per cent per annum from
January l, 1908.
History of the Case.
The st. Peter Herald gives his
tory of the case as follows: An in
teresting point of law was involved
in the case. 1t will be remembered
that on August 10, 1907, Swan j.
Carlson and Peter Almquist lost their
lives by drowning, their boat capsizlng
at Lake Emily. Sven J. Johnson, a
third member of the party, was res
cued when practically overcome by ia.
tigue and exposure. Mr.. Carlson and
Mr.. Almquist both carried insurance
policies in the Modern Woodmen OF
America, and that of the latter was
paid promptly. When the Carlson
claim was presented, however, the Off
GERS of the head camp ruled that, in
asmuch as Mr.. Carlson was engaged in
the saloon business at the time of his
death, the company was not liable
for the face of the policy.
Action Was Started.
Suit was brought by Mrs. Carlson
to recover the sum of $1,000, and
i'll the complaint the plaintiff alleged
that on December %, 1901, the de-
PENDANT company issued u benefit Ger.
tilicate to Swan j. Carlson payable
to Stava Johnson, his mother, and
Carl +. Johnson, his father. On Apri
6, 1906, he surrendered this policy
and another was issued which was
made payable to Rosa Carlson. 1t was
shown that the deceased paid all oil
| the assessments and dues levied by
the lodge up to the time of his
death, but the insurance company sci
forth the claim that, as Mr.. Carlson
had engaged in the saloon business
he had violated the terms of hi,
contract and the death claim coult
not be allowed
Had knowledge of His Business.
Evidence was introduced to show
that officers and various members o
the local camp had knowledge of til,
fact that he was engaged iii Il pro
hibited occupation, and the plaintiff
attorney, George I. Olsen, argued that
by the failure of the local camp t,
suspend him as provided in the by
laws, the company waived its right t,
contest the claim.
After several postponcmcnts TIN
case was argued in chambers befor
Judge Olsen early in the summer, an,
his decision came down Tuesday. i
his memoranda the court says:
"The facts admitted show that TO
nearly four years the local clerk am
divers members of the local lodge ha
actual notice of the prohibited EN-
ployment of the insured; that dur
ing such time and with such knowl
edge his dues and assessments wer
accepted and retained; his first Ger
tificate was taken up and new on
issued for the purpose of changing
the beneficiary; and he was retaine
and treated as a member; the insure;
was engaged in a public business il
city of 1880 people, wherein tn
local camp was located
Taking into consideration the bust
ness engaged in, the size of the city
the knowledge shown and the lengtl
of time and nature of the acts done
the conclusion is irresistible thai th
local camp had both actual and i'm
piled notice of the occupation of TIN
insured and that it elected to waiv
it and retain him as member i
good standing"
found it is considered chat the de
PENDANT has waived or estopped itsel
from claiming the forfeiture of tn
benefit certificate in question herei
for the alleged breach of the condi
lions thereof and of the bylaws b,
reason of the prohibited occupation
engaged in by the insured"
1t is not known whether the cas-
will be appealed to the state suprem