Rose v. Marchessault
Rose v. Marchessault
Opinion of the Court
The plaintiff sued the defendant and garnished an insurance company. From an order discharging the garnishee and releasing the moneys garnished the plaintiff appeals.
By G-. S. 1913, § 3548, it is provided as follows:
“The money or other benefits, charity, relief or aid, to be paid, provided or rendered by any association authorized to do business under this adt, shall, neither before nor after being paid, be liable to attachment, garnishment, or other process, and shall not be seized, taken, appropriated or applied by any legal or equitable process or operation of law to pay any debt or liability of a certificate holder or of any beneficiary named in a certificate, or of any person who may have any right thereunder; such associations are hereby declared to be charitable institutions, and the property held and used for lodge purposes, and the funds of such associations shall be exempt from taxation under the general*8 tax or revenue laws of this state. Except that the real estate of such association shall be taxable.”
It seems conceded that this section is applicable.
By G. S. 1913, § 7951 (14, 15), the following exemptions are provided :
“14. All moneys received by, or payable to, a surviving wife or child from insurance upon the life of a deceased husband or father, not exceeding ten thousand dollars.
“15. All moneys, relief, or other benefits payable or to be rendered by any police department association, fire department association, beneficiary association, or fraternal benefit association to any person entitled to assistance therefrom, or to any certificate holder thereof or beneficiary under any such certificate.”
One section or other of the statutes quoted, or a similar statute, has frequently been applied. Brown v. Balfour, 46 Minn. 68, 48 N. W. 604, 12 L.R.A. 373; In re How, 61 Minn. 217, 63 N. W. 627; First Nat. Bank of Shakopee v. How, 65 Minn. 187, 67 N. W. 994; Remley v. Travelers Ins. Co. of Hartford, 108 Minn. 31, 121 N. W. 230; Logan v. Modern Woodmen of America, 137 Minn. 221, 163 N. W. 292, 2 L.R.A. 1676. Similar provisions exempting insurance money from claims against the beneficiary are common. 18 Cyc. 1436; 2 Joyce, Ins. §§ 879, 879a; 11 R. C. L. 528; note 2 Ann. Cas. 88-91; note 5 L.R.A. (N.S.) 472, 473; note L.R.A. 1915A, 1201. Both statutes give the exemption claimed.
Hpon no theory can the plaintiff attach the insurance money.
Order affirmed.
Reference
- Full Case Name
- ROSE MARIE ROSE v. ARTHEMISE MARCHESSAULT AND ANOTHER.1 THE UNION OF THE FRENCH CANADIAN CATHOLICS OF THE UNITED STATES, GARNISHEE
- Status
- Published