Benza v. New Era Ass'n

This is an appeal by the defendant from a judgment of $2,000 entered upon a directed verdict in a case where the plaintiff claims as a beneficiary under a policy of life insurance issued to her son, Frank Benza, by the defendant. There is no controversy as to the death of the insured nor as to proofs thereof.

The decisive question relates to the ruling of the court sustaining a demurrer to the defendant’s additional plea, which alleged that it is a fraternal benefit association, incorporated under the laws of Michigan; that on June 6, 1919, Frank Benza made written application for membership,…