Willis v. Brotherhood of Locomotive Firemen & Enginemen

OPINION

By the Court,

COLEMAN, J.:

In December, 1927, Hiram A. Willis took out a policy of insurance in the mutual insurance department of the defendant, an unincorporated beneficiary society, with plaintiff as beneficiary. He died on May 30, 1932. Being unable to procure a settlement from the defendant, plaintiff brought suit and recovered a judgment. Defendant has appealed from the judgment and the order denying its motion for a new trial.

The parties will be referred to as plaintiff and defendants, as in the trial court.

The defendant pleaded two defenses, forfeiture for nonpayment of monthly…