Supreme Lodge of Patriarchs of America v. Welsch

This was a suit upon a benefit certificate or policy of life insurance issued by a fraternal society. One of the defenses to the suit was that the assured had failed to pay within the time required the last mortuary assessment made by the society. It appeared, however, that although he, had failed to pay the last mentioned assessment he had paid two others of like amounts for which he was not liable, and that at the time of his death the society was in reality his debtor to the amount of one assessment. Under these circumstances his benefit certificate or policy was not forfeited and the…