Waerness v. Independent Order of Foresters

The defendant is a fraternal insurance order organized under the laws of the Dominion of Canada. Plaintiff sued in assumpsit as beneficiary of a life insurance policy issued by it to her deceased husband, Henry T. Waerness.

There was a plea of the general issue and a stipulation that defendant might, without filing a special plea, offer evidence tending to show that at the time of death deceased was not a member in good standing of the. defendant order.

At the close of all the evidence each party moved for an instruction which was denied, the jury returned a verdict for ,the plaintiff assessing…