Keckler v. Modern Brotherhood of America
Keckler v. Modern Brotherhood of America
Opinion of the Court
The defendant is a fraternal-beneficial association organized under the laws of Iowa with authority to transact
The petition, omitting the formal parts, is as follows: (1) “The plaintiff complains of the defendant, for that at the time hereinafter mentioned defendant was and now is a corporation duly organized with lawful authority to issue policies of life and accident insurance. (2) On or about the 8th day of April, 1901, said defendant, in consideration of the sum of |15, made and delivered to plaintiff its policy of insurance in writing on the life of plaintiff and against accident, in the sum of $100, if plaintiff should by accident receive a broken leg. (3) On or about the- day of September, 1903, and while said policy was in full force, said plaintiff received a personal injury, accidently resulting in a broken leg, being an accident insured against by said policy of insurance. (4) The plaintiff duly performed all the conditions of said policy on his part to he performed. (5) Plaintiff has made due proof of said accident in conformity with the requirements of said policy. Said policy is hereto at
The answer put in issue the liability for accidents. At the close of the evidence the court directed a verdict for the defendant and entered judgment thereon. The plaintiff appeals.
As we view the case, the court took' the only course justified by the evidence. It seems to be the contention of the plaintiff that the red lines in the contract are for ornamental purposes. This is hardly consistent with the fact. The purpose of these lines on the face of the certificate was clearly to eliminate the feature of accident insurance as provided by the fundamental law of the order. It is an ordinary method of reforming printed blanks to conform to actual contracts. The action being to recover on an express contract, the written instrument failed to sustain the plaintiff’s cause of action, and we recommend that the judgment appealed from be affirmed.
By the Court: For the reasons stated in the foregoing opinion, the judgment of the district court is
Affirmed.
Reference
- Full Case Name
- Thomas F. Keckler v. Modern Brotherhood of America
- Cited By
- 1 case
- Status
- Published