Taketa

A mutual life insurance association appeals, upon the judgment-roll, from the court’s judgment, awarding to the beneficiary two sums of $1500 each, specified in two policies, issued upon the life of his mother. The insurer’s obligation and the beneficiary’s right are fixed by the following portion of the policy, which is attached to the complaint: “The Association hereby agrees to pay to ........ the beneficiary ........ Fifteen Hundred Dollars ........ following the receipt of due proof of the death of the member ........ conditioned, however, that there be a sufficient number in good standing, of members in the Association at the time of the death of said member, to pay said sum upon said death assessment when collected in full, would produce at least the full sum of Fifteen Hundred Dollars.........should there not be a sufficient number of members in good standing at such date to produce the full sum herein specified, then the amount payable hereunder shall be the amount collected upon said death assessment, not to exceed, in any event the amount of Fifteen Hundred Dollars.........should more than the amount necessary to pay a claim be collected from an assessment, the excess…