173 Iowa 395 | Iowa | 1916
fraternai°beneanceTchangé of when1'effective: by-laws: equitable principles. Emsley Hayden became a member of the defendant brotherhood on March 22, 1904, and maintained such membership in good standing until his' death, April 18, 1913. Due proofs of his death were made, aild ^be brotherhood is ready and willing to Pay the agreed benefit of $1,000; but the same has been withheld because of the controversy arising between the plaintiff, Charles Hayden, ’ • ’ and the defendant Ashna McKinley Hayden, each of whom claims to be the rightful beneficiary of the insurance contract and entitled to receive the payment. The facts material to an understanding of the case are as follows:
When the deceased became a member of the association, he named Ashna McKinley Hayden as his chosen beneficiary, and proper record thereof was made. The by-laws of the association provide for a change of the beneficiaries on application made therefor by a member, as follows:
*396 “Sec. 131. beneficiary, how changed. Should a member in good standing desire to change his beneficiary or beneficiaries, such member shall deliver to the secretary of the
The one question presented is whether, under the circumstances we have related, the court is bound to hold that no change of beneficiary was ever effected. Stated otherwise, we have to decide whether the actual issuance and delivery
Construing a similar provision of the by-laws of an insurance society, the Supreme Court of Minnesota held that, where the application for a change was delivered to an officer of a local lodge of the brotherhood on the evening of the day before the insured died, and it was not mailed to the head clerk, as required by the regulations, until the day after his death, the change was ineffectual, and the beneficiary under the original certificate was entitled to recover; but, in so disposing of the case, the court takes care to say:
“Whether, if the precedent conditions had been complied with, so that the association might have issued the new certificate within the lifetime of the insured, but had failed to do so, effect would be given to the change under the equitable rule that the court will consider that as done which ought to have been done, we need not determine; for no diligence would have entitled the association to have issued the new*401 certificate within the lifetime of John Hyland.” Hughes v. Modern Woodmen, (Minn.) 145 N. W. 387._
The case of Stemler v. Stemler, (S. D.) 141 N. W. 780, relied upon by the appellant, is not in point upon the case now before us, in its essential facts. There, as in the Minnesota case, the application was not mailed to the proper officer until after the death of the insured, and it was held ineffectual. So far, we have failed to find anywhere in the books any support for the proposition that an application for change of beneficiary made in due form to the proper officers in the lifetime of the insured, thereby perfecting his right to ask or demand the issuance of a new certificate, is not all that equity requires to perfect such change and entitle the new beneficiary to recover the promised benefit. Such were admittedly the facts of the present case. Had Bmsley Hayden appeared in person at the headquarters of the brotherhood, at Mason City, on April 14, 1913, presenting his old certificate for cancellation, and a properly executed application for a new one payable to plaintiff, paying therefor the prescribed fee, no one would question his right to the new certificate or the duty of the officers to make and deliver it. In equity at least, this transaction would have been complete, and no delay in the performance of the mere ministerial duty of preparing and handing over the paper would make it any less complete. Rancipher v. Women of Woodcraft, (Wash.) 96 Pac. 829. The provision of the by-law on which appellant relies was fully complied with by the insured, and such being the ease, the brotherhood could not be heard'to say, “We admit full performance by him, but we have not yet found it convenient on our part to make and deliver to him the proper evidence of the change of his beneficiary. ’ ’ ■ The brotherhood does not in fact enter any such plea. It is satisfied to recognize the change as having been perfected in the lifetime of the insured, and there is no rule of law or equity which will enable appellant to take to himself the benefit of such defense.
The trial court was clearly right, and its judgment must, therefore, be — Affirmed.