Newland v. Modern Woodmen of America

This is an action on a death benefit certificate issued by defendant September 11, 1905, *312to Isaac H. Newland, a farmer living near Lancaster in Schuyler county. Plaintiff who is the beneficiary designated in the certificate was the wife of Newland whose death occurred at his home January 29, 1906. All dues and assessments had been paid by him but defendant on receipt of proofs of death denied liability. This suit followed and the cause pleaded in the petition is one founded on an ordinary policy of life insurance.

The substance of the affirmative defenses alleged in the answer is that…