Miller v. National Council of the Knights & Ladies of Security

The opinion of the court was delivered by

West, J.:

The defendant appeals from a judgment recovered on a membership certificate issued to the plaintiffs’ mother, and complains principally of a departure in the pleadings, of error in the admission of testimony and giving and refusing to give instructions.

The petition pleaded full performance of all the conditions precedent, the answer alleged a breach of warranty by delay in making payments and an attempt to reinstate the insured to membership when she was not in good health, and the reply pleaded waiver and estoppel. There was a motion to…