Smith v. Covenant Mutual Benefit Ass'n

FIFTLEY,

Associate Justice.—This is a suit brought by Gilbert L. Smith and wife, Malinda F. Smith, against the Covenant Mutual Benefit Association of Illinois, based upon a certificate of insurance for $5000 issued by the defendant to Dr. Tolbert C. Smith, payable upon his death to his mother, Malinda F. Smith. The defense to the action relied upon by the defendant was a failure to pay a mortuary call or assessment, whereby the certificate of insurance lapsed and became forfeited, under the provisions of the contract of insurance. The case was tried by a jury, and resulted in a verdict and…