Oster v. Brotherhood of Locomotive Firemen & Engineers

Hassler, J.,

On March 4, 1922, we sustained a demurrer to and dismissed plaintiff’s bill. The reason we sustained it was because it is not alleged in the bill that the plaintiff gave the defendant company notice of her claim, as she was required to do in the certificate which was made part of her bill, but alleged that the defendant had waived the .requirements of such notice or proof because it had paid the amount called for in the eertifi-*179cate to another person. The certificate referred to certifies that Anthony Oster was a member of the defendant association, and that upon his death, after…