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MINNESOTA ASSN. v. BENN

No. 103.

261 U.S. 140 (1923)

43 S.Ct. 293

67 L.Ed. 573

MINNESOTA COMMERCIAL MEN'S ASSOCIATION v. BENN, EXECUTRIX OF BENN.

Supreme Court of United States.

Decided February 19, 1923.

Attorney(s) appearing for the Case

Mr. A.V. Rieke and Mr. David F. Simpson, with whom Mr. Wm. A. Lancaster, Mr. John Junell, Mr. James E. Dorsey and Mr. Robert Driscoll were on the brief, for petitioner.

Mr. Alphonse A. Tenner, with whom Mr. M.H. Boutelle, Mr. Arthur M. Higgins, Mr. Edward E. Tenner and Mr. T.H. MacDonald were on the brief, for respondent.

MR. JUSTICE McREYNOLDS delivered the opinion of the Court.

Petitioner is a mutual assessment, accident and health insurance company, incorporated under the laws of Minnesota, with many members scattered throughout the Union. It issued a certificate of membership to Robert J. Benn, of Montana. He died in 1915, and his executrix — respondent here — instituted an action against the Association in a Montana court to recover the sum said to be due under the...

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