Bastaich v. Zivena Beneficial Society of United States

Per Curiam,

This is an action in assumpsit which has been tried three times. A new trial was granted after each of the prior trials. At the first trial the jury found for plaintiff; at the second the verdict was for defendant; and at the third the verdict was again in plaintiff’s favor. Defendant’s motions for judgment n.o.v. and a new trial were overruled, and it has appealed from the judgment entered on the verdict.

The judgment must be affirmed.

Plaintiff’s wife died on August 1, 1935. In June, 1917, defendant had issued a membership certificate to her through one of its local-lodges or…