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WYCKOFF v. A & J HOME BENEVOLENT ASS'N OF CRESTON

No. 50786.

119 N.W.2d 126 (1962)

Jack O. WYCKOFF, Appellant, v. The A & J HOME BENEVOLENT ASSOCIATION OF CRESTON, IOWA; Opal P. Jones, Secretary and R. H. Jones, Treasurer, Appellees.

Supreme Court of Iowa.

December 11, 1962.

Attorney(s) appearing for the Case

Paul V. Nichols, Shenandoah, and Mullin & Mullin, Creston, for appellant.

Smith, Peterson, Beckman & Willson, Council Bluffs, and James W. Newell, Creston, for appellees.

MOORE, Justice.

This is an action by Jack O. Wyckoff as beneficiary against defendants for certain death benefits claimed under a membership certificate issued in the name of his uncle, Arthur Wyckoff. The defense alleged fraud in the application for membership. Defendants counterclaimed for cancellation of the certificate. The trial court denied plaintiff's claim, approved defendants' return of $23.50 to plaintiff, ordered the certificate cancelled and entered judgment...

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