Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-12
CONTINUED from yesterdays Daily)

Supreme Union shall turn oyer and
deliver TO said Company or its au-
thorized representatives, all applica-
tions, medical examinations war
ranties of good health, files, letters,
books, registers cards, indexes, rec
Ords, mailing lists and any and
everything pertaining to the said Life
Benefit Certificates in force In said
Order upon the date this agreement
goes into effect
The said Company agrees. in con-
sideration of said transfer, to make
payments to Trustees, to be desig-
mated by the Order, in the msnner
following, viz: Upon the payment Of
monthly premiums or assessments
hereunder, to said Company by such
transferred members, said Company
will pay to said Trustees the sum of
Fifty (50) Cents on each monthly
premium or assessment, not exceed
ing Eight (8) premiums IN number
from any one member, paid after the
date hereof, to said Company by each
and every such continuing trans
ferred member; such several
amounts to be paid 10 said Trustees
on or before the 18th day of each
month, to cover premium payments
made by members for the preceding
month, which said several amounts
are to be used by said Trustees, to-
gether with the assets of said Or
der, to apply upon the payment of
existing mortuary and other liabili-
ties OF said Order and the said Com
Tany e rot TO he in any manner held
liable for the payment Of any such
pre-existing liability.
All unearned premiums or assess
ments paid by said transferred mem
bers to said Order, prior to twelve
O'Clock, noon, of the day this agree
ment takes effect, shall be accounted
for and credited upon the payments
provided above, to be made by said
Company to said Trustees.
II is further agreed that this con-
tract shall rot so into effect until it
has been duly ratified and executed
by the Supreme Union of said Order
of Washington.
In Witness Whereof Said Western
Life Indemnity Company, by author
ity and affirmative vote of It's Eyecu-
tive Committee, has caused this
agreement to be signed by its Tresl-
dent, and its corporate seal affixed
thereto, and the Order Of Washing
ton, by virtue of the authority Of its
Supreme Union has caused this
agreement to be executed by j. l..
Mitchell, It's attorney in fact, this
18th day of February 1908.
WESTERN LIFE INDEMNITY co.
BY Geo M. Moulton President.
WESTERN LIFE INDEMNITY co.
(Seal)
Attest.
A. N. Bishop, Secretary
THE ORDER OF WASHINGTON,
by j. l., Mitchell,
It's Attorney in Fact.
Another defense Of ultra vires is
not necessary to be noticed for this
opinion.
The new matter In the answer is
denied by the reply, A jury trial was
had In which, at the close OF the
plaintiffs testimony, the defendant
moved for judgment of non-su,t on
the grounds, among others, that the
complaint does not state facts sufIl-
Client to constitute a cause of action
''for reason that there is a total fail
ure of proof on the part of plaintiff
to establish any liability on the part
OF the defendant for any endowment
or insurance whatever and there Is
total failure Of evidence in pI ooi
TO establish any contract on the part
of the defendant to pay the plalntiff
his certificate of insurance in the Or
der OF Washington, and there Is no
evidence to show what the contract
was or the terms of the contract be
tween the defendant and the Order
OF Washington, and said plaintlff has
failed to introduce evidence of or
prove any contract between the de-
fendant and the Order of Washing
ton, whereby the defendant reinsured
the members of the Order of Wash
ington or assumed to pay their poll
cies, but has only introduced letters
tending to show that there was a
contract of some kind or description,
but has not shown or proved tine real
contract and further THAT there
is insufficient evidence to Justify a
verdict against the defendant in said
action, and also insufficient evidence
to Justify the court In submitting the
said cause to jury or in submitting
to said jury the nature or scope of
any contract between the plaintiff
and the defendant objects to said
cause being submitted to n jury on
account of insufficient evidence and
ON account of failure Of the plalntin
to prove the contract entered into
between the defendant and the Order
of Washington and referred to in the
letters introduced in evidence by the
plaintiff"
The motion for Judgment of nom
suit was oyerruled. The defendant
offered evidence on It's part and as
signs sundry errors of the court in
admitting and rejecting testimony
which for the purposes of this opin-