Jacobson v. Mutual Benefit Health & Accident Ass'n

This proceeding seems to be inspired by Banquo’s ghost, for here we have an appeal from an order sustaining a demurrer to a complaint, which sets forth that in January, 1928, one Henry J. Jacobson was insured by the defendant company against loss of life by accident, that he died July 23, 1938, that action was heretofore brought upon the policy, recovery had thereon, the judgment paid, and now the matter appears in this court for the fourth time.

In 69 ND 632, 289 NW 591, a judgment in favor of the plaintiff was reversed and a new trial ordered. In 70 ND 566, 296 NW 545, the matter came before…