Persell v. the MacCabees

Opinion by

Linn, J.,

Defendant, a fraternal beneficial corporation, appeals from judgment for want of a sufficient affidavit of defense, in a suit to recover on a contract, — a certificate described on its face as “Life benefit, permanent and total disability certificate”. It was issued May 18, 1920, and recites that ‘ ‘ This certifies that Sir Knight Jacob A. P’ersell, a member of Hyrcanus Tent----,. .having become totally and permanently disabled, and having surrendered his life benefit certificate No. 5824, he is, in accordance with and under the provisions of the laws governing the…