Supreme Lodge Knights of Pythias v. Guess

This action, instituted by appellee, is based on a fraternal benefit certificate of life insurance issued by appellant to William M. Guess, husband of appellee. The Only issues properly presented by this appeal arise out of the action of the circuit court in overruling appellant’s motion for a new trial. That motion contains numerous' specifications, but, in our view of the case, it is necessary to consider only those which relate to the refusal of appellant’s tendered instructions Nos. 5 and 7.

*683It appears from the evidence that for many years prior to 1911 William Guess was a member of…