National Benevolent Society v. Oldham

Citations

• 70 Kan. 79
• 78 P. 163
• 1904 Kan. LEXIS 6

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Accident Insurance — Indemnity — Evidence. Plaintiff joined a mutual benefit society and received a certificate of membership, which recited that in case of accident the society would pay such sum as the member may be entitled to receive under the terms and conditions of the rate-book. No specific amount of indemnity was fixed in the certificate. In an action against the society, after meeting with an accident which entitled the member to indemnity, it was incumbent on plaintiff to establish the non-existence of a rate-book before oral testimony could be introduced showing the amount of indemnity orally agreed to be paid to the insured by the officers of the society, at the time the benefit certificate was issued.</p>