Page:North Dakota Reports (vol. 48).pdf/345

 beneficiaries named in the said policy, and are entitled to the full benefit of all of the benefits thereof.

“IV. That the amount payable under the terms of the said policy in case of accidental death of the said Fred J. Bodman is the sum of $5,000.

“V. That no part of the same has been paid to the wards of the plaintiff, nor to any one authorized to receive the same in their behalf.”

In presenting his case in chief the plaintiff, in addition to the foregoing stipulation, offered the testimony of only one witness, who testified to the fact that the insured, Fred Bodman, came to his death on May 12, 1919, by being run over by a railroad train at Ashley in this state. No reference was made to the mental condition of the deceased. The first evidence adduced by the defendant consisted of certain testimony tending to lay a foundation for the introduction in evidence of the policy of insurance. The policy sought to be and eventually admitted in evidence did not purport to be the original one issued to the deceased, but purported to be merely a copy. Defendant's counsel spent much time and adduced considerable testimony for the purpose of laying a foundation for the admission of the copy in lieu of the original, and there was and is the gravest doubt if in fact a sufficient foundation was laid to justify the admission of the copy. At all events the question which must have been uppermost in the mind of the trial judge at the time was whether a sufficient foundation had been laid to admit the proffered exhibit at all. The face of the policy received in evidence was as follows:

“Number 66707.

“Interstate Business Men’s Accident Association of Des Moines, Iowa.

“This certifies that Fred J. Bodman is a member of the Interstate Business Men’s Accident Association, and is entitled to such benefits as may be provided in and by the articles of incorporation and by-laws of said association in force and effect at the time the accident occurs from which a claim for benefits arises, and by the acceptance of this certificate he agrees to the several provisions and conditions of the said articles of incorporation and by-laws as from time to time they may be amended or changed.

“In witness whereof the said Interstate Business Men’s Accident Association at its home office in Des Moines, Iowa, has caused this certificate