129 Minn. 264 | Minn. | 1915
Defendant is an unincorporated fraternal society having a grand
Henry E. Erickson applied for membership in the order on April 4, 1913, and was initiated on that date. Before his initiation, he filed the usual application to become a beneficiary member, and therein named the plaintiff, his brother, as his beneficiary. On April 9, 1913, he was killed in a railroad accident. On April 14, 1913, his medical examination was received by the grand secretary, and on the same day was presented to, and examined and approved by, the general medical examiner, and on the following day his benefit certificate was issued and the usual record of its issuance was made upon the books of the order. . The secretary of the local lodge learned of his death immediately after it occurred, and, on April 21, wrote the grand secretary informing him of Erickson’s
Both the laws of the order and Erickson’s application provided that no contract for insurance should exist until the chief medical officer approved Erickson’s medical examination. This examination did not reach the grand officers until five days after Erickson’s death. In ignorance of such death, it was, in form, approved and the usual certificate sent to the secretary of the local lodge. There is no provision that the insurance shall take effect as of the date of the application, but on the contrary there is an express provision that the applicant shall remain a nonbeneficiary member until the approval of his medical examination.
Erickson’s application was in substance a proposal to become a beneficiary member, which did not ripen into a contract until accepted by the society. His death before such acceptance operated to withdraw and annul the proposal, and. its acceptance, in form, thereafter, was a mere nullity, for no contract had been entered into at the time of his death, and no contract can be entered into with a dead man. Both the subject matter of the proposed contract, namely, the life of Erickson, and one of the proposed parties thereto, had ceased to exist beforg action was taken upon the proposition by the other proposed party, and therefore the contract was never consummated. Price v. Brotherhood of Railroad Trainmen, 116 Minn. 275, 133 N. W. 793; Paine v. Pacific Mutual Life Ins. Co.
Judgment affirmed.