Brotherhood of Locomotive Firemen & Enginemen v. Ginther

Kimball, Justice.

The plaintiff, defendant in error herein, brought an action against the Brotherhood of Locomotive Firemen and Enginemen to recover upon the beneficiary certificate hereinafter referred to and sometimes called the “policy.” Judgment was for the plaintiff and the defendant brings the case here on error. The parties will be referred to herein as in the court below.

The plaintiff in his petition alleged that the policy was issued October 30, 1918, upon the life of Garrett F. Gin-ther, for $1000, payable, in case of the death of the insured, to William Ginther, his father; that…