Christian Benevolent Burial Ass'n v. Huff

BROWN, Justice.

This is an action of assumpsit by the beneficiary named in a policy of burial insurance against the insurer to recover the sum of $125, with interest, designated in the policy as the “retail value of funeral if insured is twenty years of age at date of death.”

One of the counts of the complaint avers “that the defendant wholly neglected and refused to provide a funeral for Willie Richardson as provided by the terms of said policy,” to plaintiff’s damage.

The defendant interposed the plea of ‘‘not guilty” which was treated by the parties and the court as the general issue. The…