Carlson

Mary Carlson, the appellant, brings this action to recover from the defendant (the Supreme Council American Legion of Honor, a corporation organized under the laws of the state of Massachusetts, and doing business in the state of California) the sum of two thousand dollars upon a benefit certificate issued August 5, 1892, to Edward Carlson, the husband of plaintiff, reciting him to be a member of a subordinate council of defendant, know as Livermore Council, No. 1070.

The cause was submitted to the court upon an agreed statement of facts, and judgment was entered in favor of defendant. From this judgment plaintiff appeals, and the case comes up on the judgment-roll.

The certificate No. 165,746, issued to Edw'ard Carlson, recites that he is a companion of the American Legion of Honor, has applied for three degree membership to Livermore Council, No. 1070, American Legion of Honor, instituted and located at Livermore, in the state of California, and passed the requisite medical examination, and has been duly initiated in said council, etc. It then proceeds to recite that the certificate is issued as evidence of the facts in it contained, and as a statement of the contract existing…