132 Mich. 86 | Mich. | 1902
This is a bill of interpleader. At the time of his death, February 1, 1901, Johann Merz was a member in good standing of complainant bund. By virtue of such membership the person lawfully designated by him became entitled upon his death to a beneficiary fund of $500. Both of the defendants claimed the money; hence this suit. From a decree in favor of defendant Adamson, defendant Merz has appealed.
In December, 1869, Mr. Merz became a member of the local branch of the complainant at Saginaw. Prior to that time he had been married to defendant Merz. These parties lived together until 1897, when they separated,— for what cause does not very clearly appear. At this time there was a division of their property, and Mr. Merz
“Each member shall in this certificate name or designate with the full name of the person or persons to whom after his death the money shall be paid. The sum in such certificate shall not be paid to any one else except the one mentioned in the certificate. No certificate shall be assigned or transferable to any one else except the person named in the certificate. But, in case a member wishes to change the name of the beneficiary in his certificate, then he shall ask the president and secretary of his society for another certificate, and shall turn over to them the first one, through which act of his the first one becomes null and void.”
It is claiméd that, because the first certificate was not surrendered, it is still in force, and Mrs. Merz is entitled to the fund.
Mrs. Merz obtained no vested right as beneficiary that would prevent Mr. Merz from changing the beneficiary named in the certificate. His right to make the change was recognized by the provision of the constitution. Before issuing a new certificate the complainant might insist upon the surrender of the first certificate, if it was in the possession of the assured; but this was a requirement it might
It is suggested that, when the second certificate was issued, the person who issued it .did not know of the prior certificate. The stub of the certificate book kept by the complainant, and produced on the trial by the secretary, showed the date of and to whom the first certificate was issued, and it cannot properly be said the complainant did not know of the existence of the first certificate when the second was issued. The case is controlled by Grand Lodge A.O. U. W. v. Child, 70 Mich. 163 (38 N. W. 1); Same v. Noll, 90 Mich. 37 (51 N. W. 268, 15 L. R. A. 350, 30 Am. St. Rep. 419); Same v. Kohler, 106 Mich. 121 (63 N. W. 897).
The decree of the court below is affirmed.