Morrill's Admx. v. Catholic Order of Foresters
Supreme Court of Vermont
General Assumpsit on a certificate oí life insurance, brought under No-. 121, Acts 1896. Heard on demurrer to the declaration at the March Term, 1906, Orleans County, Watson, J., presiding. Demurrer overruled, pro forma, and declaration adjudged sufficient. The defendant appealed. The certificate in question recited that the‘“Catholic Order of Foresters hereby promises and binds itself to pay” $1,000 to- the beneficiaries therein named.
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General Assumpsit on a certificate oí life insurance, brought under No-. 121, Acts 1896. Heard on demurrer to the declaration at the March Term, 1906, Orleans County, Watson, J., presiding. Demurrer overruled, pro forma, and declaration adjudged sufficient. The defendant appealed. The certificate in question recited that the‘“Catholic Order of Foresters hereby promises and binds itself to pay” $1,000 to- the beneficiaries therein named. The seal affixed to the certificate is a. legal seal. 25 Am. & Eng. Enc. of Law, 73, 80; Beardsley v. Knight, 4 Vt. 471; Bank v. Sldson, 13 Vt. 334; Bates v.…
1Opinion of the CourtTyler, J.
This action was brought in general assumpsit based upon an endowment certificate or policy of life insurance, issued by the defendant to Peter Morrill and payable to *483his sons, Peter and Joseph Morrill, upon proof of his death and of his compliance with the conditions named in the certificate. The defendant craved oyer of the certificate, which was granted, and it then demurred to the declaration. The case is here upon exception to the overruling of the demurrer.
The action was brought under No. 121, Acts of 1896, the first section of which reads:
“In actions brought to recover on a fire, life…
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