Ottawa Tribe, No. 15 v. Munter

The opinion of the court was delivered by

Dixon, J.

This suit was brought to recover the sum of $100, upon an agreement made between the defendant and one of its members, Edward H. Munter, the plaintiff’s husband, that upon his death the defendant would pay $100 to such person as should be at the expense of his burial or his nearest competent relative. Mr. Munter having died, the plaintiff bore' the expense of his burial and was his nearest competent relative.

At the trial in the Camden Circuit two exceptions were taken by the defendant—one, to the refusal of the judge to nonsuit the plaintiff;…