Bratley v. Brotherhood of American Yeomen

Appeal from judgment. Plaintiff sued to recover on a benefit certificate issued by defendant, a fraternal society, on March 1, 1918, and delivered on March 7, 1918, to the insured who was the *17husband of plaintiff. Plaintiff is named as beneficiary. The insured died May 31, 1920. Suit was started September 20, 1921.

The defense was that the action was barred by the contractual limitation stated in the policy; no' arbitration; that death resulted from a disease existing at and prior to the date of the certificate; false and untruthful answers in the application blank amounting to warranties.

The…