Van Alstyne v. Franklin Council No. 41

Bjr the judgment under review, the Supreme Court affirmed a judgment of the Union County Circuit entered upon a finding of the Circuit judge, who tried the issue without a jury.

The issue was thus presented. The declaration contained-a count on a contract to pay death benefits to a beneficiary of a deceased member of-the defendant council, with an averment that such member had kept and performed all the conditions precedent of the contract, and the common counts inassumpsit. The only plea was the general issue.

The assignments of error in the Supreme Court were directed to the rulings of the…