110 Iowa 642 | Iowa | 1900
This' is an action upon a certificate of membership issued by the Ancient Order of United Workmen to Philip J. Shuman, in which the plaintiff, his widow, is named as beneficiary. The defendant John W. Gruver filed an answer and cross 'petition, in which he admitted that plaintiff was the beneficiary named in the certificate issued to the deceased, Philip J. Shuman, but alleged that on the twenty-seventh day of.Mhy; 189J, Philip J. Shuman, by written indorsement on the back of said certificate of membership, surrendered the same to said order, and directed that'a new certificate be issued, in which John W. Gruver be named as beneficiary. The Ancient Order of United Workmen admits its liability ’on the certificate to some one, and has paid the amount due thereon into court, to await the final decision of the mhtter.
The first of these exceptions is clearly recognized in Simcoke v. Grand Lodge and Depee v. Grand Lodge, supra, and is not applicable to the case at bar; for here nothing was waived by the defendant order, and no new certificate was issued.