Liptak v. Security Benefit Ass'n

183 N.E. 564 (1932)

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Nature of the Case

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Facts

Julius Liptak was a member of fraternal benefit society. Under the bylaws of that society, Liptak's policy had lapsed by reason of his failure to pay the assessment for June of 1929. A reinstatement was attempted in July of that year, but the payment was made to a member of the society not authorized to receive it. Liptak died in November 1929. At trial, the testimony of the widow was that a John De Bow came to her house and received the June payment on June 29, 1932. Bow was an officer of the association. The Society denies the presence of De Bow at the house and denies his authority to accept dues. At trial, the Association admitted a number of issues before the court and then moved the court to be permitted to take the lead in the examination of the jury on account of the fact that under the pleadings the burden of proof was now upon D. That motion was denied. The Society appealed.