29 Neb. 644 | Neb. | 1890
This is an action upon a certificate of life insurance issued, by the plaintiff in error as follows:
“The Grand Lodge of the Ancient Order of “United Workmen, Missouri.
“No. 392. $2,000.
“ This certificate, issued by the authority of the Supreme Lodge of the Ancient Order of United Workmen, wit
“In witness whereof, the Grand Lodge of Missouri has caused this to be signed by its grand master workman and recorder, and the seal thereof to be attached, this 8th day of August, 1883.
“H. L. Rogers,
“ Grand Master Workman.
“ [Grand Lodge of Missouri. Seal of Grand Lodge A. O. U. W. United we stand, divided we fall. Instituted 25th of April, 1876.]
“Attest: W. C. Richardson,
“ Grand Recorder.
“We, the undersigned master workman and recorder of Otoe Lodge No. 13, do hereby countersign this certificate and attach the seal of this lodge hereto, rendering the same valid and in force this 20th day of September, 1883.
“A. G. Owen,
Master Workman.
“ [Seal Otoe Lodge No. 13, A. O. U. W., Nebraska City, Neb. A. O. U. W. Inst. Aug. 18, 1883.]
“Attest: F. Mutton,
“ Recorder.”-
On the trial of the cause the jury returned a verdict in favor of the defendant in error for the sum of $2,231.39 and a motion for a new trial having been overruled, judgment was entered on the verdict.
A large number of defenses are set up in the answer, but three of which seem to be relied upon, viz: That Bi’and
In the preamble to the constitution of the order, which is attached to the petition as an exhibit, the objects of the organization are stated to be:
“Eschewing all reference to nationality, political opinions, and denominational distinctions, or reference, but believing in the existence of a God, the Creator and preserver of the Universe, and recognizing, as a fundamental principle, that usefulness to ourselves and others is a duty which should be the constant aim and purpose of the ‘Ancient Order of United Workmen:’
“1st. To embrace and give equal protection to all classes and kinds of labor, mental and physical; to strive earnestly to improve the moral, intellectual, and social condition of its members; to endeavor, by wholesome precepts, fraternal admonitions, and substantial aid, to inspire a due appreciation of the stern realities and responsibilities of life.
“2d. To create a fund for the benefit of its members during sickness or other disability, and, in case of death, to pay a stipulated sum to such persons as may be designated by each member, thus enabling him to guarantee his family against want.”
The testimony tends to show that on the 8th of August, 1883, Joseph Brand, the husband of the defendant in error, then residing at Nebraska City, became a member of the older at that place, and that he paid his dues np to the 29th of October, 1886, when $1.25 was due from him, which sum does not appear to have been paid. The reason for tliis default, as shown by the testimony, will be stated presently. The testimony also tends to show that Brand was a German and addicted to the use of in - toxicating liquors before he emigrated to this country; that in 1868 he settled in Nebraska City, and soon after-
The testimony is of such a character as to warrant the jury, who no doubt were acquainted with most of the witnesses, in finding that Brand was not addicted to the excessive use of liquors. But suppose it did show that he was in the habit of drinking to excess ? The business in which he had formerly been engaged and his habits as to drinking must have been known, or at least could easily have been ascertained, by the members of the lodge when he was initiated as a member. No objection seems to have been made at that time as to his habits, nor any time afterwards, until less than two months before his death. During all those years he paid his dues and was treated as a Brother in good standing. The testimony is undisputed upon this point, and being in good standing, not having, so far as appears, forfeited any of his rights, he was entitled to all the provisions for relief which any other member of that order in good standing who possessed equal claims would have been entitled to.
The proceedings of all bodies of this kind and all dealings of such orders with their members are to be liberally construed in favor of justice. The word “brother” is not an empty tinkling sound, full of promise to the ear but without substance or form, but is to be construed in the
The testimony tends to show that in October, 1886, Brand was taken sick and that his illness continued up to the time of his death, which occurred on the night of May 31, 1887. Up to the time of his illness he seems to have paid all his dues, as the financier of the order testifies that all dues and assessments were paid up to October 29, 1886, when there was a default in paying $1.25. It appears from the constitution and by-laws of the order that a default in making payments during illness will not work a forfeiture, and as this default is clearly shown to have occurred during his last sickness it did not affect his rights in the premises.
It appears from the by-laws of the order at Nebraska City that “ Should any member of this lodge, having been a member of the order for six months, and a member of this lodge three months, be taken sick, and unable, to attend his business, notwithstanding the same may be conducted by his wife, children, relatives, or employes, he shall receive the sum of $5 per week for one year, should his sickness continue that length of time. At the expiration of that time he shall receive such a sum per week as the lodge may determine and the case admit, but in no instance shall the benefit be discontinued entirely.”
It appears that in February, 1887, Brand being quite ill the lodge awarded him a certain sum per week, but that as objections were made and as he seems to have been in default in paying his assessments a committee of the lodge waited upon him and effected a settlement by which it was agreed that he should receive” $32 in Iku of the $5 per week. The testimony also shows that in April of that year the committee called upon him twice to pay the money
A pretty careful reading of the testimony convinces us that the judgment is right and there is no material error in the instructions. The judgment is therefore
Affirmed.