Sovereign Camp, W. O. W. v. Sirten

KNIGHT, Justice.

The plaintiff, appellee here, sued the appellant upon a fraternal benefit certificate issued to Robert L. Sirten on March 30, 1935, in which appellee was named as the beneficiary. The complaint was in Code form.

The defendant filed 25 pleas, but plea 22, which was a plea of non est factum, was thereafter withdrawn by the defendant.

These pleas of defendant set up in different ways breaches of warranty, fraud and deceit; that insured was suffering from a disease at the time of the application and at the time of the delivery of the policy which increased the risk of loss; that he…