Robinson v. Exempt Fire Co.

Citations

• 103 Cal. 1
• 24 L.R.A. 715
• 36 P. 955
• 1894 Cal. LEXIS 710

Syllabus

<p>Fraternal Society—Sick Benefits—Severable Contract—Benefits After Suit Brought Not Recoverable.—A by-law of a fraternal ■ organization which provides for the payment of a definite sum for each week that any member is sick or disabled, so as to he unable to earn a livelihood, is in its nature a severable and not an entire contract, and each default is a separate cause of action, and does not work a breach of the whole contract, and a member who has brought an action for sick benefits cannot recover in that action any benefits accruing subsequent to the bringing of the action.</p> <p>Id.—Evidence—Apparent Health of Plaintiff—Opinion of Non-expert Witness.—In an action against a fraternal organization for the recovery of sick benefits, a question asked a witness who knew the plaintiff quite intimately and saw him frequently, and had conversations with him about his health during the period covered by his claim against the defendant, as to whether when he saw the plaintiff he was apparently well, is competent, and the fact that it involves the opinion of a non-expert witness based upon observation of the apparent health of the plaintiff does not render it inadmissible.</p> <p>Submitting Case on Motion for Nonsuit—Relief Against Stipulation—Discretion.—It is within the discretion of the trial court to relieve a plaintiff from the effect of a stipulation submitting the case on a motion for a nonsuit, and to allow him to file an amended complaint, and its action will not he disturbed upon appeal in the absence of a showing of an abuse of discretion,</p>