Modern Woodmen of America v. Burd

This is an appeal from a judgment for $1,000 rendered in the circuit court of Arkansas county upon a certificate of insurance issued by appellant to J ames L. Burd, the husband of appellee, in which appellee was named as the beneficiary.

Appellant was and is a fraternal beneficiary association and James L. Burd was a member thereof, and subject to the by-laws of the society. By-law 76 of the association was pleaded in bar of a recovery, the pertinent part of which when condensed is as follows: “No action for recovery on a death claim, based upon any benefit certificate can or shall be…