Wyckoff v. a & J Home Benevolent Ass'n of Creston

— This is an action by Jack 0. Wyckoff as beneficiary against defendants for certain death benefits claimed under a membership certificate issued in the name of his uncle, Arthur Wyckoff. The defense alleged fraud in the application for membership. Defendants counterclaimed for cancellation of the certificate. The trial court denied plaintiff’s claim, approved defendants’ return of $23.50 to plaintiff, ordered the certificate cancelled and entered judgment against plaintiff for costs. He has appealed.

The cause was tried in equity and is here triable de- novo. Rule 334, Rules of Civil…