Cookson

The plaintiff had judgment for the sum of $1500 alleged to be due on a certain policy of insurance issued by the defendant upon the life of Leon A. Cookson, now deceased, in which policy the plaintiff was named as the beneficiary. From this judgment the defendant appeals.

The transcript shows that the defendant is a mutual life insurance company, benefits being paid to beneficiaries upon the decease of the person to whom the policy is issued. That on or about the fourteenth day of December, 1927, the defendant issued to Leon A. Cookson, now deceased, a policy of insurance in the sum of $1500, in which policy the plaintiff was named as the beneficiary. Thereafter, and on or about the twelfth day of February, 1929, said Leon A. Cookson died. Due proof was made of the death of said Leon A. Cookson, and demand made for the payment of the amount specified in the insurance policy. Not being paid, this action was begun.

As a defense to the action the defendant in its answer alleged as follows: "That on or- about the 1st day of November, 1928, the said defendant above named duly and regularly, in accordance with the terms of its by-laws in such cases made and provided, levied an…