John Hessin Clarke

“ The asserted claim, approved by the lower courts, is that the defendant is estopped to demand such increased payment, or to cancel the policy for failure to pay it, for the reason that at the time plaintiff's policy was delivered to him there was handed to him by the secretary of the local section a pamphlet which purported to be a copy of the 'Constitution and General Laws' of the insurance section or 'Endowment Rank' of the defendant, which were then in force. ”

“ The cases are on all fours one with the other and the decision of the earlier one, which it should be noted was rendered since the decision in the Circuit Court of Appeals, must be accepted as ruling this case on the merits as it also rules against the motion by the defendant in error to dismiss. Texas & Pac. Ry. Co. ”