Deardorff

— Appeal from judgment and order denying defendant a new trial.

This action is upon a life insurance policy issued by the defendant, which is a mutual insurance society upon the assessment plan. In this case the policy or certificate declares that the society accepts J. R. Deardorff “ as a full-rate member of said association, subject to all the requirements and entitled to all the benefits thereof. The principal sum, not exceeding five thousand dollars, realized upon an assessment in accordance with the bylaws, to be paid Mary E. Deardorff (wife), if surviving, . . . . within sixty days after satisfactory proof that said member at any time,” etc. “ Said association shall, upon the surrender of this certificate, pay the amount realized from one said assessment upon all the members, at the time of the accident, of said association, to the member above named, not, however, exceeding the sum of five thousand dollars,” etc.

The complaint contains no allegation of an assessment or of a demand that an assessment be made, and a refusal by the corporation, nor any averment as to the number of members, or what an assessment would amount to under the by-laws referred to, nor are there…