Henke

Henke v. Eureka Endowment Ass'n of Cal.

Good Law
100 Cal. 429·1893 Cal. LEXIS 813·34 P. 1089
Supreme Court of CaliforniaDecember 21, 1893No. 15192California437 words

Opinion

lead Opinion

Searls, J.

The respondent, Christena Henke, brought this action to recover $600.

The complaint avers in substance that the defendant is a corporation, organized and having for its object the *431 payment to its members of certain sums of money at stated times as periodical installment endowments; that on the eighth day of February, 1889, plaintiff became a member of said corporation defendant, and received from it, duly executed, etc., an endowment certificate by which she became, and still is, entitled to all the rights and privileges of membership, and to participate in the endowment fund in the amount of $6,000, to be paid at ten stated periods, computed according to the maturity table of the constitution of defendant, in ten respective amounts not to exceed $600 each; that defendant thereupon duly executed a certain contract in writing whereby it promised and agreed to pay plaintiff, on the second day of January, 1892, the sum of $600. That no part of said sum has been paid.

Wherefore plaintiff asks judgment for $600 and costs of suit.

Defendant demurred to the complaint, upon the grounds:

The demurrer was overruled by the court, and leave given defendant to answer.

*432 No answer…

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