Mutual Relief Assn. v. Weatherly

The appellant is a mutual benefit association, organized in 1913, and issues policies or benefit certificates to its members, and they are divided into groups or circles. The appellees were members and certificate-holders, and the certificates entitled them to $500 each, but the promise to pay $500 was upon the condition that prompt and due payments be made by the cer7 tificate-holders of all assessments made under the rulings of the company.

There is no controversy as to the certificate-holders, parties to this suit, having paid their dues, and there is no controversy about liability. The…