allow additional insurance. The agent wrote a policy in defendant company for part of the amount, in which there was a clause forbidding additional insurance, and subsequently wrote the other policies in other companies, and delivered them to plaintiff. Held, that plaintiff had the right to rely on the agent in writing the policies; and that he was not negligent in not reading the policy and discovering the mistake, and that he was entitled to a decree reforming the policy-(with note).

Pleading-Practice-Change of Form of Action - Estoppel.A party is not estopped, by bringing an action at law, from amending his pleadings, before the case has finally been submitted, so as to change it into an action in equity.

Practice in Equity-Continuance-Amendment.-In equity cases, when plaintiff amends his petition, if the defendant desires a continuance to obtain evidence to meet the new matters set up in the amendment, he must so show by affidavits. He is not entitled to a continuance as a matter of right, and, in the absence of such affidavit, the court may order the case to be submitted.

Barnes v. Hekla Fire Ins. Co. (Iowa S. C.), 39 Northwestern Reporter (September 22, 1888), p. 122.

FRATERNAL BENEFIT ORDERS.

Insurance-Odd-Fellows' Mutual Life Insurance-Assessments -Forfeiture-Reinstatement-Waiver.-The by-laws of an OddFellows' Mutual Life Insurance Company provided that membership should be forfeited by failure to pay any assessment within sixty days after notice, but that reinstatement might be had, the company reserving the right to exact a physician's certificate of good health. In an action on a certificate issued by such company, it was in evidence that at the death of the member holding the certificate sixty-seven assessments had been made against him. Of these, the last three had not been paid, the last having been made two days after default for the last two. Of the remaining sixty-four, but one had been paid within the sixty days. All payments had been received without any demand for a physician's certificate. Held, That the company had, by making the last assessment when there was one outstanding overdue, waived its right to insist upon a forfeiture, and was estopped (by its receipts of past assessments) to set up such a defense.

Stylow v. Wisconsin Odd-Fellows' Mut. Life Ins. Co. (S. C. of Wisconsin), 34 Northwestern Reporter (Oct. 22, 1887), p. 151.

Action-Remedy in Suit Against "Fraternal" Orders.-In an action against a "fraternal" order, the defendant moved for a nonsuit on the ground that the agreement was only to pay a sum "not exceeding one thousand dollars," according to the rules and regulations of the order, and one of these required that the claim should first be approved by the Supreme Council, and in this case there had been no approval. Also, that all the order could do was to levy a tax upon its members, and the proper remedy is not an action for the money, but a mandamus to compel the tax to be levied.

The motion was overruled.

Warranty in Application-Breach.-Any deviation from the truth in answering the questions in the application, whether willful or not, will avoid the contract.

Measure of Loss-Interest.-The measure of loss in an action to recover on a certificate in a fraternal order is the sum named in the certificate, together with interest from the time such sum became payable. Johnson v. Order of Chosen Friends (N. J. S. C.), 10 New Jersey Law Journal (Nov., 1887), p. 346.

Beneficiaries-Effect of Divorce.-The wife of a member who had been designated by him as a beneficiary loses her rights as such by obtaining a divorce from him.

Estoppel-Assent by Guardian to Payment of Insurance to Wrong Person.-The son of a member of a mutual relief association

being in fact entitled to the whole of the fund payable on his father's death, his guardian, on making claim therefor, was informed by the president that only part of the fund was due to the son, and that the balance belonged to another person who had been named as beneficiary. The guardian, in good faith, without disputing this, accepted the smaller sum, and signed a receipt in full. The remainder of the money was then paid to the person supposed to be entitled thereto. Held, That a suit might still be maintained by the son for the balance of the fund, and that the guardian's passive assent to the payment of the balance to the wrong person did not amount to an estoppel.

Release and Discharge-Acceptance of Less than Due-Consideration. In such a case the receipt of a part of the sum due is not a consideration sufficient to support a release executed by the guardian to the association in full satisfaction of the entire sum.

Tyler v. Odd Fellows' Mutual Relief Association (Mass. S. J. C.), 13 Northeastern Reporter (Nov. 4, 1887), p. 360.

Change of Beneficiaries by Invalid Will.-An attempt by one insured to change the beneficiary named in the policy by an instrument purporting to be a will, but which has no witnesses, is ineffectual for that purpose.

Constitution-Change of Beneficiary-Contract.—The constitution described the manner in which the beneficiary named in the policy might be changed. Held, That, as this was a part of the contract of insurance, the insured could not make any change of beneficiaries except by complying with this method.

Assent of Secretary to Improper Change of Beneficiary.-The fact that the insured authorizes a change in the beneficiary named in his policy, and the secretary of the company assents to this, and acts as though the beneficiaries had been properly changed, will not constitute a valid change as against the first beneficiary when the secretary has performed acts beyond his authority, and the provisions of the constitution of the insurance company as to such changes have not been complied with.

Beneficiary may Contest Change.-The beneficiary under the policy, who is affected by the attempted change may avail himself of the failure of the insured to comply with the contract, as well as the company with whom it was made.

Wendt, Adm'r, v. Iowa Legion of Honor et al. (Iowa S. C.), 34 Northwestern Reporter (Nov. 5, 1887), p. 470.

Unauthorized Suspension of Member-Mandamus.-A member of a benevolent association whose constitution' and by-laws contained no definition of offenses against the society, or provision for imposing pen alties, can not be suspended for non-payment of a fine imposed by the society, and a writ of mandamus will lie to restore him to membership.

Proceedings to Suspend Member-Rights of Member.-A member of a benevolent association can not be suspended upon the report of a committee finding him guilty of conduct unbecoming a member without being furnished a copy of the charges, or given an opportunity to present testimony on his own behalf.

Erd v. Bavarian Nat. Aid and Relief Association of Detroit (Mich. S. C.), 34 Northwestern Reporter (Nov. 12, 1887), p. 555.

Designating Beneficiary by Will.-In the absence of any specification of form of designation in the by-laws of the company, the making of a will by the assured, after the decease of the beneficiary named, devising all his property, which will is given to the officers of the lodge with the information that it is intended to pass the insurance, and is retained by them, is a sufficient designation of the beneficiary.

Kepler v. Supreme Lodge, K. of H. (N. Y. S. C.), 27 New York Weekly .Digest (Nov 18, 1887), p. 211.

Change of Beneficiaries.—Where, by the terms of a certificate of life insurance issued by a mutual benefit association, the whole amount being paid to a single beneficiary, the member is empowered to change the designation of the beneficiary upon the presentation of the certificate, together with a new application, to an officer of the association, and the member surrenders such certificate, and obtains a new one, containing the names of new beneficiaries in addition to the first beneficiary, and giving the latter a share instead of the whole of the amount insured, such new certificate becomes a substitute for the first, and the rights of the original beneficiary are controlled thereby; and this is so although the original certificate was delivered to such beneficiary, and the change was made without his knowledge and consent, and he paid the dues up to the member's death.

Fisk v. Equitable Aid Union (Pa. S. C.), 9 Central Reporter (Dec. 8, 1887), p. 403; 11 Atlantic Reporter (Nov. 30, 1887), p. 84.

Pleading-Action on Certificate-Necessary Averments.--In an action upon a certificate of a mutual benefit association, by which certificate it appeared that the association agreed to make an assessment of all its members, and pay the amount collected for mortuary purposes to the beneficiary, not to exceed $1,000, Held, that a petition which does not aver that defendant failed or refused to lay any such assessment, or that, having laid one, and collected it, failed and refused to pay the same to plaintiff, is demurrable.

Same-Proofs of Death.--By the terms of the certificate, the association was not bound to levy an assessment to meet a death loss until sixty days after due proof of death had been made. Held, a petition which fails to state that such proof had been made is defective.

Taylor et al. v. National Temperance Relief Union (Mo. S. C.), 6 Southwestern Reporter (Jan. 2, 1888), p. 71.

Estoppel-Facts Admitted by Certificate.—In an action against a benefit association on a beneficiary certificate, sealed with the company's seal, and signed by its proper officer, which declares the deceased a member of the order in a certain lodge. Held, that the defendant will be estopped from showing that the lodge of the deceased was not properly organized by the recital in the certificate.

Independent Order of Mutual Aid v. Paine (Ill. S. C), 9 Legal Adviser (Jan. 17, 1888), p. 31.

Constitution--Designation of Beneficiary--Assignment of Certificate-Interpleader.--The constitution of the association permitted a change in the beneficiary, but provided that it "must" be done on a prescribed form of blanks, the signature to which must be attested before a notary, and the change entered on the books. It also provided that, at death, benefits should be paid "to the person designated in the application for membership, as shown by the books, or as ordered by last will." An applicant for membership named his wife as beneficiary in his application, and her name was so entered on the books. His application also set out that the receipt of the party to whom he designated his death loss to be paid should discharge the association. He subsequently executed a paper assigning his policy to one of his creditors as collateral security; but no application for a change was made to the association, nor was the assignment made upon the prescribed blank, nor had the association any notice of it until after the death of the member intestate, when both the widow and the assignee claimed the benefits. Held, on bill of interpleader, that the widow was entitled to the fund.

Hotel Men's Mut. Ben. Ass'n v. Brown et al. (U. S. C. C.), 33 Federal Reporter (Jan. 24, 1888), p. 11.

Temperate Habits--An Occasional Use of Intoxicants.-An occasional use of intoxicating liquors by the insured is not inconsistent with an answer in his application that he is of temperate and correct habits

Intemperance, Question for Jury.-The question whether such use amounts to a breach of the conditions of the policy, and whether the insured died from dissipation, or the excessive use of ardent spirits, is for the jury.

Suicide-Insanity.-Suicide, resulting from insanity, is not a voluntary act, and did not avoid the policy.

Same-Penal Code of State.-Suicide is not a violation of the penal code of the state.

Meacham v. N. Y. State Mut. Ben. Ass'n (N Y. S. C.), 27 New York Weekly Digest (Jan. 20, 1888), p. 421.

Constitution-Beneficiary- Change by Will.-By the constitution of the society $1,000 is to be paid upon the death of a member, *** “ "1st, to such person or persons as the member may designate in his last will