50 Iowa 459 | Iowa | 1879
The pivotal question in this case is whether or not the deceased, Louis Fisher, was indebted to the lodge at the time of his death for three months’ dues. The books of the lodge show conclusively that at the time of his death Louis Fisher was indebted for dues in the sum of three dollars and thirty-five cents, or for thirty-three and one-half weeks. The testimony of the plaintiff, in substance, is that on the evening of September 6, lf?T5, her husband, not being able to go to the lodge himself, handed her money to pay his dues, saying it was two dollars and a half, and directed her to give it to Sam Elemer to carry to the lodge, and if he were not going to give it to plaintiff’s brother-in-law (Duttle), and request him to carry it'to the lodge; that Elemer was not going to the lodge, and plaintiff handed the money to Duttle, who
Durenberger denies that he ever received this money,, and testifies positively that he never paid it to the lodge.
The jury found specially that Louis Fisher, at the time of his death, was not in arrears for three months’ dues to Schiller Lodge; that the witness Durenberger, by the practice and approval of the lodge, was authorized and empowered by the defendant to receive on behalf of the lodge the weekly dues of its members, and that Fisher,.in his life-time, paid to the lodge the dues claimed to be delinquent through Durenberger. It is thus apparent that the jury found that Durenberger was the agent of defendant, authorized by the conduct and approval of defendant to receive dues, and that payment to him was payment to the defendant. The verdict of the jury is entirely without warrant in the testimony. Durenberger was simply the janitor of the lodge. He was not even a member of Schiller Lodge. He testifies as follows: “My business is doing any kind.of work that comes. * * * I have to attend to cleaning rooms, carrying water, making fires, and keeping the place clean. * * * * * During the time I have been discharging the duties of my office I have received sometimes, once in a while from all lodges, dues or money from different persons to be paid into Schiller Lodge, and have paid it in as dues. I have sometimes, but not often, money from members of this lodge. I have no right to take any money; no man has a right to give me any. I do pay over some, but very little, because it is not my duty to do it.”
It is apparent that ■ Durenberger, whenever he received
Reversed.