Hass
Hass v. Mutual Relief Ass'n of Petaluma
Opinion
Lead Opinion
Temple, J.
The complaint in this case inter alia shows that the defendant is an incorporation, the purpose of which is to secure certain money benefits to the friends of deceased members. By-laws are set out which promise to the nominee of a member dying in good standing “one dollar in coin for every member of this association in good standing at the time of said death.” Also a by-law which provides that the nominee of a deceased member who had been such member for ten years, “shall receive two thousand dollars, though the association may not have that number of members at the time of his death.”
*8 It is averred tbat one Lena Brenner became a member of the defendant, and having made the plaintiff her nominee, died on the fifth day of June, 1894; that she was a member in good standing at the time of her death, and had been such member for more than ten years immediately prior to her death. Due presentation of her claim to defendant and its rejection are averred.
The answer admits the facts set up, except that in effect it Shows that only a portion of the contract is set out in the complaint, and proceeds to show the other portions of the contract, which provide that the balance of the two…