Cutler v. the Modern Samaritans

LORING, Justice.

In a suit upon a life insurance certificate the defendant’s demurrer was overruled, and the case comes here on an appeal from the judgment subsequently entered.

Plaintiff is the wife of Edsell C. Cutler and is the beneficiary of a certificate of life insurance issued by the defendant fraternal order. April 13, 1916, Cutler, the insured, made application for membership in the order. A certificate which insured his life for $2,000 was issued to him. May 4, 1926, the insured disappeared from his home, and he has not since been heard from; no tidings have been received by the…