McLean v. A. O. U. W. Grand Lodge

I am unable to agree with the conclusions reached in the majority opinion. It appears to me that there is ample proof of death to sustain the common-law rule that one may bring such an action as this after the lapse of seven years. The insured was last heard of in June,' 1907. The plaintiff offered proof to show that Everett E. McLean was by presumption of law dead and the cause of action accrued in favor of the plaintiff and against the defendant in December, 1923. Appellant argues that McLean was last heard of in June, 1907, and that, if the cause of action accrued in favor of the…