Seufert v. Commercial Travelers Mutual Accident Ass'n of America

Judgment reversed on the law and a new trial granted, costs to appellant to abide the event. We are of opinion that the court erred in submitting this case to the jury upon the theory that the burden of proof was upon the defendant to establish by a fair preponderance of the evidence that the plaintiff was not a member in good standing in the defendant association at the time of his injury. The issue here, under the law of the case, was whether or not the defendant had mailed to the plaintiff a notice of assessment forty-five days prior to the 18th day of June, 1931, which assessment,…