Dearborn

In July, 1879, Sidney James Smith became a member of said order of United Workmen, and there was issued to him by the defendant a beneficiary certificate in the sum of two thousand dollars, payable to his wife, Annie Francisca Smith, upon his death. After Smith’s death his widow, the plaintiff, married one Dearborn, and prosecutes this action to recover the amount of the said beneficiary certificate. The defendant appeared and demurred to the complaint, the demurrer was overruled, and defendant having declined to answer, judgment was entered for the plaintiff, and defendant appeals.

The beneficiary certificate upon which this action is based was issued July 16, 1879. In October, 1882, said member, Sidney James Smith, left his family, consisting of the plaintiff and one child, in San Francisco, and went to Canada in search of employment. Several letters were written by him to his said wife after his departure, hut he was not heard from after September 1, 1898, at which date he left his brother’s residence in Canada. Shortly thereafter a man, supposed to be said Sidney James Smith, was found drowned in the Welland Canal, and it was alleged in the complaint “that said Sidney James…