BROTHERHOOD OF RAILROAD TR. INS. DEPT. v. PEMBERTON

6 Div. 147.

93 So.2d 797 (1956)

BROTHERHOOD OF RAILROAD TRAINMEN INSURANCE DEPARTMENT, Inc. v. Elsie N. PEMBERTON.

Court of Appeals of Alabama.

Rehearing Denied January 15, 1957.


Attorney(s) appearing for the Case

Jackson, Rives, Pettus & Peterson, Birmingham, for appellant.

Taylor, Higgins, Windham & Perdue, Birmingham, for appellee.


PRICE, Judge.

Defendant, a fraternal insurance company, appeals from a judgment obtained upon its benefit certificate or insurance policy issued on the life of Roland G. Pemberton, payable to plaintiff, his wife, upon his death, the insured having died on December 25, 1953.

The pleas 19, 20 and 21, to which demurrer was sustained, allege that the policy is to be construed by the laws of Ohio as provided in the application...

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