Vardaman v. Benefit Ass'n of Railway Employees, Inc.

MAYFIELD, Justice.

This case comes to us on petition of the' Benefit Association of Railway Employees, Inc., for certiorari to the Court of Appeals to review and revise the judgment of that court.

This is an action on an insurance policy which provides for certain benefits for. disability resulting from illness. Charles Vardaman, the insured, filed a complaint in two counts in the circuit court, both counts claiming damages for breach of the insurance contract. The insurer demurred, and as to .both counts of the com-, plaint the demurrers were sustained. Plaintiff thereupon suffered a nonsuit…