Osceola Tribe, No. 11 v. Rost

Eccleston, J., delivered the opinion of this court. In this action of assumpsit, in the Court of Common Pleas for Baltimore city, the plaintiff recovered a verdict and judgment for $91, against the defendant, the present appellant. At the (rial below, the defendant submitted two prayers; the first of which was granted, and the second refused. Unless there was error iu this refusal, there is no ground for a reversal of the judgment on this appeal.

The first prayer asked the court to instruct the jury that if ²⁹⁶ they should find, from the evidence, that George Rost, the plaintiff’s intestate, was before and at the time of his initiation as a member of the Tribe, the defendant, in a bad state of health, and that the said Rost knew that he was in such state of health, and concealed said fact of his bad health from the defendant, then the plaintiff was not entitled to recover in this action, provided the jury should find, from the evidence, that said Rost’s inability to attend to business during the time for which benefits were claimed in this suit, was the result of such disease upon him at the time of his admission as a member. The second prayer is: “If the jury find the facts stated in the defendant’s 1st prayer, which is made a part of this, and shall further find that charges were made against said Rost, as stated in the record of said defendant read in evidence to the jury, and that a committee was appointed to investigate said charges, and that proceedings were thereupon had, in