Cowan v. Allamakee County Benevolent Society

The facts are peculiar. The undisputed evidence is that appellant The Allamakee County Benevolent Society is an unincorporated association. But no question is raised in the record as to its capacity to contract and to be sued; nor is any issue presented as to its right to conduct an assessment life insurance business, either under chapter 400, Code of Iowa, 1939, or under any other authority.

Both appellee and appellants have proceeded upon the theory that the case is maintainable in equity, just as if the society was in fact incorporated and authorized to transact business.

The contract is not…