Bennett

The plaintiff had judgment for the amount of a benefit certificate issued by the defendant upon the life of Frank S. Plummer, and the defendant appeals.

The defendant is a fraternal benefit society organized under the laws of the state of Illinois. It has its principal place of business in that state, with subordinate lodges' in various parts of the United States, one of which, known as “San Jose Camp No. 7777 of Modern Woodmen of America,” is located in the city of San Jose, in this state. On the seventeenth day of March, 1900, the defendant issued to Frank S. Plummer, then a member in good standing in the San Jose camp, its benefit certificate for the sum of two thousand dollars, payable upon the death of the insured to Annie Plummer, his wife. Annie Plummer died in August, 1905. Plummer thereupon requested of the defendant, and it did, on November 8, 1905, issue to him a new benefit certificate for a like amount as the first, and in lieu thereof, in which Agnes Bennett, this plaintiff was named as beneficiary. Although designated by Plummer and described in the certificate as his “niece,” Agnes Bennett was not a blood relative of his, but only a niece by marriage. Plummer…