Orcutt v. Modern Woodmen of America

Van Kirk, J.:

The plaintiff, Nellie Orcutt, brought an action against the Modern Woodmen of America to recover $1,000 upon a benefit certificate issued by that defendant to the deceased, Earl W. Orcutt, January 9, 1908. A like action was brought by the defendant Mirandy Day. The defendant admitted its liability to the beneficiary legally entitled thereto. Upon stipulation the defendant in these actions paid the money into court, Mirandy Day discontinued her action and interpleaded in the action brought by Nellie Orcutt. When the certificate was issued, Earl W. Orcutt was unmarried, and Mirandy…