Societa Italiana Mutua Beneficenza Vittorio Emanuele III Di Ensley v. Lovoy

BROWN, Justice.

General assumpsit by the widow of a deceased member of the defendant society to recover the sum of $363, with interest, alleged to be due the plaintiff, as death benefits, in consequence of the death of her husband while a member of said society, on the 25th of May, 1930.

[1] The complaint is not subject to the objection of uncertainty pointed out in Posey v. Hair, 12 Ala. 567, where no specific sum was claimed, but only the amount of “a certain debt then due and owing,” no amount being stated.

[2-4] The law is settled that in special assumpsit to recover damages for the breach…