Turner and Phillippe v. Cent. Mut. Ins. Assn.

This is an action on a certificate of life insurance, in the sum of $1000, brought by the beneficiaries therein. There was a verdict and judgment in favor of plaintiffs in the sum of $1038.35, and defendant has appealed.

Defendant’s by-laws-provide that only white persons not more than fifty years of age at his or her nearest birthday shall be eligible for membership in the defendant company. The sole defense made to the suit was that insured was over fifty years of age at the time the certificate was issued, on September 24, 1928. It was admitted at the trial that if she was over that age at…