Hancock v. Supreme Council Catholic Benevolent Legion

The opinion of the court was delivered by

Dixon, J.

This suit was brought to recover the amount of a benefit certificate issued by the defendant to Peter Hancock on his becoming a member of the legion.

At the trial in the Essex Circuit the question in dispute was whether Peter Hancock was on November 22d, 1888, over fifty-five years of age. He having shortly before that day presented to the defendant his application for membership declaring himself to be between fifty-one and fifty-two years of age, and the defendant having accepted that application and received him as a member, the burden was…