McDonald v. Liberty Beneficial Ass'n

Opinion by

Keller, J.,

Tbe only errors assigned in this appeal are the refusal of tbe court to affirm defendant’s point for binding instructions and enter judgment in its favor non obstante veredicto. We are satisfied that tbe case was for tbe jury and tbe assignments must accordingly be overruled.(1) The by-laws of tbe defendant association provided that “benefits will not be payable when sickness or death occur..'____for [from] consumption contracted during tbe first year of membership.”

Tbe policy of insurance, or benefit certificate, in suit was issued November 12, 1920. Tbe insured died…