Samuel Blatchford

“ The liability to assessment is all that concerns the beneficiary, not the making or collection of an assessment; and the liability to assessment only measures the amount to be paid under the policy. In view of the amendment made to the complaint at the trial, which was not excepted to, and of the testimony of the secretary of the defendant, the charge of the court of the subject of an assessment was proper, and so was the verdict. ”

“ The court may also direct the jury, if they render a general verdict, to find in writing upon any particular questions of fact, to be stated as aforesaid. In every action for the recovery of money only, or specific real property, the jury may, in their discretion, when not otherwise directed by the court, render a general or a special verdic. ' It is contended for the defendant that the court erred in refusing its demand to submit a special verdict in the case, as provided by the rules of practice in the state. ”

“ The jury were further told-no exception being taken-that in considing the case they ought not to adopt theories without proof, or substitute bare possibility for positive evidence of facts testified to by credible witnesses; that where the weight of credible testimony proved the existence of a fact, it should be accepted as a fact in the case ”