Schack

Plaintiff, as the beneficiary, brought this action against defendant, as the insurer, upon an insurance policy upon the life of Jans A. Schack, father of plaintiff and member of the Fraternal Brotherhood.

At the close of plaintiff’s case the court granted a nonsuit upon the motion of the defendant, and this is an appeal from the judgment of nonsuit entered accordingly.

The policy of insurance is in the form of a certificate of membership in the Fraternal Brotherhood as well as a contract of insurance. It is set forth in the complaint, and by its terms appears to' have been issued in accordance with “the provisions of the constitution and laws of the order now in force, or that may hereafter be made by the Supreme Lodge of the Fraternal Brotherhood which are hereby referred to and made a part of this contract. ’ ’ The policy was. dated and issued October 2, 1900.

The complaint does not set forth the provisions of the constitution and laws of the order relating to insurance.

At the trial, however, plaintiff proved that the constitution and by-laws of the order, at the date of the contract sued on, contained in section 258 thereof the following provisions:

That subsequently in…