146 So. 782 | La. Ct. App. | 1933
We believe, however, since the policy contains an absolute obligation to pay in accordance with the by-laws and since the by-laws provide, in effect, that payment will be made unless no funds are available, that the burden of showing absence of funds is upon defendant because this is a special defense. Since defendant has not sustained this burden, it follows that the judgment appealed from is correct.
For the reasons assigned, it is ordered, adjudged, and decreed that the judgment appealed from be, and it is hereby, affirmed.
Affirmed.