Benjamin v. Mutual Reserve Fund Life Ass'n

This action was brought by the beneficiary to recover upon a life-insurance policy for five thousand dollars. The defense was that the policy was forfeited for nonpayment of assessments. The plaintiff had judgment, and the defendant appeals therefrom, and also from an order denying it a new trial.

The plaintiff transacts the business of life insurance on the co-operative, or assessment, plan. The husband of plaintiff —A. F. Benjamin—in October, 1883, applied for and received a certificate of membership in defendant, together with a policy of insurance upon his life for five thousand dollars,…