11 N.Y.S. 321 | N.Y. Sup. Ct. | 1890
The defendant is organized under the act of the legislature' passed May 12, 1875, entitled “An act for the incorporation of societies or' clubs for lawful purposes,” commonly known as the “Club Act.” It has the' right to issue certificates of life insurance to its members under certain conditions. Upon the 1st day of February, 1887, it issued a certificate to the-plaintiff’s intestate, Leopold Haffennegger, in which it agreed to pay, on his death, the sum of $1,000. No beneficiary was mentioned in the certificate other than the insured, but there was a provision that this amount should be paid “subject to will,” meaning, obviously, that the member could bequeath the demand to any person. The certificate is as follows: “This certificate, issued by the authority of the Imperial Council of the Order of United Friends, duly incorporated under the laws of the state of New York, witnesseth: That Leopold Haffennegger, a member of the Hercules Council No. 241, located at Bochester, in the state of New York, is a beneficiary member of the Order of United Friends, and entitled to all the rights and privileges of such membership, and a benefit of not exceeding one thousand dollars ($1,000) from the relief fund, which sum shall, at death, be paid to * * *, subject to will, * * * subject to the laws, rules, and regulations of the order.” Section 3 of the articles of incorporation of the defendant is as follows: “Third. The principal objects of this association shall be to unite and combine the efforts of all its members; to improve the condition of its membership, morally, socially, and materially, by timely counsel, and instructive lessons; to encourage each other in business, and give assistance in obtaining employment; to promote benevolence and charity by establishing a relief fund from which a member of this association who has complied with all its laws, rules, and regulations, or a person or persons by such member lawfully designated, or the legal heir or heirs of such member, may receive a benefit in the sum of not to exceed three thousand dollars, ($3,000,) which shall be paid when a member, by reason of decease or accident, shall become permanently disabled from following his or her usual or some other occupation, or upon satisfactory evidence of the death of such member, and when all the conditions regulating such payment have been complied with.” Section 2 of law 3 of its constitution and by-laws is as follows: “Each applicant shall enter upon his applica