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· 7/9/1919

Berry v. National Council of Knights & Ladies of Security

Citations

  • 107 Wash. 531
  • 182 P. 562
  • 1919 Wash. LEXIS 770

Syllabus

<p>Appeal (341)—Briefs—Designation of Appellant. Appellant’s brief will not be stricken or judgment affirmed on account of a misnomer of appellant corporation, where it appears to be identical with the name contained in and signed to the contract in suit.</p> <p>Insurance (205)—Mutual Benefit Insurance—Reinstatement— Waiver of Objections.' The fact that the holder of a beneficiary-certificate had, while in good health, been reinstated for past lapses in payment of dues does not waive a default in payment as to which he could not be reinstated “under and by virtue of the by-laws’’ because he was not in good health, as required, at the time he attempted to be reinstated.</p> <p>Same (205). A beneficiary association does not ratify the act of a local secretary in reinstating a delinquent member and remitting the payments, where the society had no notice at the time of the payment that the beneficiary was not in good health at the time of the attempted reinstatement, and the payment ivas returned by the home office within a reasonable time.</p>

Judges: Mitchell

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