Modern Order of Praetorians v. Wilkins

Count B of the complaint upon which the cause was tried was not subject to demurrer for failure to show the suit is on the insurance benefit certificate, or failure to connect the claim with such certificate.

True, it does not. expressly aver the suit is for an amount due on the certificate; but it recites all the conditions upon which a matured demand thereon in favor of plaintiff-beneficiary arose, ?md concludes, “wherefore plaintiff claims” the amount named in the policy or certificate. “Wherefore”---fpr this canse — the suit is brought. It is immaterial whether this fact is shown at the…