Brady v. Mutual Benefit Department of the Order of Railway Conductors of America

Opinion op the Court by

Judge Sampson

Affirming.

This cause went off the docket of the lower court on demurrer to the petition, and Mrs. Brady appeals. Appellee department is an unincorporated mutual benefit association, organized and operating on the assessment plan or system, not for gain or profit. The policy is called a benefit certificate, and provides that the department “agrees to and with said E. H. Brady, in case of his death and after due notice ... to pay . . . to the person or persons as herein provided, such sum as may be realized from an assessment levied on account of such death,”…