Collins v. Matoaca Tribe, No. 376 of Improved Order

Opinion by

Rhodes, J.,

This is an action in assumpsit. Defendant filed an affidavit of defense to plaintiff’s statement in which affidavit, it averred, inter alia, that under its by-laws death benefits were not payable in the event a. member was indebted to it to an amount equaling three months’ dues or more at the beginning of the sickness which was the cause of death, and that deceased was indebted for dues in excess of three months at the beginning of such sickness. The case was tried by a judge without a jury. At the trial it was agreed that if plaintiff was entitled to recover, the maximum…