Funeral Benefit Department v. Ringo

*311OmmoN on the Court by

Judge Carroll

Beversing.

The appellee, as the widow of Thomas Bingo, brought this action against the appellant to recover $250, alleging that she was entitled to the same under a certificate issued to her husband by the appellant.

The exhibits filed with the petition show that the deceased at the time of his death was in good standing in the order, but that the claim was disallowed because his death was due to the intemperate use of intoxicating liquors.

The appellant, defendant below, filed an answer, but on its motion the answer was withdrawn and it was allowed to file an…