Bankers & Merchants Mutual Benefit Ass'n v. Stapp

STAYTON, Chief Justice.

—On August 17, 1886, W. S. Stapp died, holding a certificate of membership in appellant corporation, which in terms entitled appellee to 85000 on the death of her husband. On the death of the husband the company refused to pay, and this action was brought.

The defenses urged were that the deceased had failed to pay the sum of 810 as a fee for membership required to be paid before membership could exist or the certificate be operative, and that he during life had failed to pay a mortuary assessment of 86.65, made on August 2, 1886,- of which notice on that day was mailed…