Erickson v. Modern Woodmen

Citations

• 43 Wash. 242
• 86 P. 584
• 1906 Wash. LEXIS 684

Syllabus

<p>Appeal — Review—Improper Evidence — Harmless Error. The admission of improper evidence is harmless error in a case tried before the court without' a jury.</p> <p>Witnesses — Competency—Transactions With Deceased. In an action against a mutual benefit society, which defended on the ground that the deceased had made false representations to it to obtain the certificate, the society is not a party defending as executor or legal representative of, or deriving title from, the insured, within the statute prohibiting evidence of a party as to transactions had with the deceased.</p> <p>Insubance — Benefit Certificates — Evidence—Materiality. In an action upon a certificate in a mutual benefit society, evidence of the membership in this state and the number of camps in the order, etc., is properly excluded as immaterial.</p> <p>Same — Beneficiary — Evidence of Dependency — Sufficiency. Under the statutes of the state and the by-laws of a mutual benefit society, authorizing the payment of benefits to persons dependent upon the deceased, only slight evidence of dependency is necessary where the certificate names the beneficiary as a dependent, and all the statutes and by-laws have been complied with.</p>