Rebut

— It is alleged in the complaint that the defendant is a voluntary, unincorporated association of a large number of persons, having for its object “the payments of endowments in the sum of six hundred dollars at certain periods, until the aggregated payments to each member amount to the sum of six thousand dollars,” said endowments to be paid out of a fund designated the “Special Benefit Fund,” which is composed of the “proceeds from assessments levied upon the members to meet the payment of said endowment of six thousand dollars *662 as the same becomes due, and is also composed of fines levied for non-payment of said .assessments, and the accumulation of interests derived from investments of said assessments when collected; that said assessments and fines are levied by said defendant upon its members”; that the plaintiff Josephine was admitted to membership in the association June 4, 1888, and has ever since been a member thereof in good standing. It is further alleged in the complaint that on the day the plaintiff became a member of the association, the defendant executed and delivered to plaintiff Josephine an instrument, of which the following is a copy:—

It is alleged that…