133 Iowa 379 | Iowa | 1906
The record is in much confusion as to the amount actually paid by the deceased. She held a receipt for the amount now claimed to be delinquent, and this the appellants attempt to discredit by evidence tending to show that
It is manifest that the trial court found the plaintiffs entitled to the monument fund of $100 and to funeral benefits for the same amount. The appellees now admit that they are not entitled to the former, but do insist on the latter. We think they are entitled to it. The petition as amended alleges that the plaintiffs are the nearest of kin to the deceased, and the evidence shows that they are her children, and that they did in fact have charge of her burial. This clearly brings them within the provisions of article 28 of the laws of the defendant company. On the first appeal we held that the plaintiffs were not entitled to a money judgment for the death benefit, and as there has been no change in the issue affecting this right the plaintiffs are not now entitled thereto. It may be that on proper pleadings and proof it may appear that the plaintiffs are' entitled to a judgment for the full amount of the death benefit, but on the present record no more can be done than to order an assessment therefor within thirty days' after the filing of this