Pool

At the close of plaintiff’s testimony the court granted a nonsuit, and judgment was entered for defendant. This appeal is from the judgment.

The action was brought to recover twelve hundred dollars claimed to be due plaintiff on a benefit certificate issued by defendant, an unincorporated fraternal and mutual benefit association, of which plaintiff was a member, for a total and permanent disability, caused by an injury to plaintiff’s spine, received in the course of his employment.

Plaintiff’s right to recover must be measured by his contract, which must be read with the constitution and by-laws of defendant, as such constitution and by-laws are deemed to have been agreed to by every member thereof, and therefore by this plaintiff.

Section 45 of the defendant’s constitution provides: “Dis ability Claims. Any member in good standing suffering, by means of physical separation, either the loss of a hand at or above the wrist joint, or the loss of a foot at or above the ankle joint, or suffering the loss of the sight of both eyes, shall be considered totally and permanently disabled, and shall receive the full amount of his beneficiary certificate, and not otherwise.”

Plaintiff…