Armstrong v. Modern Woodmen of America
Washington Supreme Court
Appeal from a judgment of the superior court for Whitman county, McCroskey, J., entered June 16, 1915, upon the verdict of a jury rendered in favor of the plaintiffs, in an action on a benefit certificate.
1Opinion of the CourtMain, J.
The purpose of this action was to recover upon a benefit certificate, issued by the defendant, Modern Woodmen of America, to George E. Armstrong, the father of the plaintiffs. The defendant interposed the defense that George E. Armstrong, in his application for membership in the order, misrepresented his age. The trial of the cause resulted in a verdict for the plaintiffs. From the judgment entered upon this verdict, the defendant appeals.
The facts necessary to an understanding of the material questions for determination are these:
During the year 1903, George E. Armstrong made application for…
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