161 P. 1126 | Utah | 1916
The deceased, ¥m. J.| Witherow, as is alleged, on the 23d day of September, 1910, became a member of a mutual benefit society known as the Fraternal Order of Mountaineers, and on the same day, in such order, had his life insured in favor of his mother; that he died on the 19th day of October, 1910; that on the 15th day of December, 1910, the defendant, the Mystic Toilers, also a fraternal and beneficial society and a corporation, in consideration of taking over the assets and property of the Fraternal Order of Mountaineers, agreed to pay the loss of the certificate, but failed to do so. The defendant denied liability on its part and pleaded a breach of war • ranty. The plaintiff had judgment, from which the defendant appeals.