86 Iowa 279 | Iowa | 1892
The certificate in suit was issued in May, 1878, to Andrew J. Leffingwell and provides that at his death the sum of two thousand dollars shall be paid to his wife or legal heirs. It also contains this provision: “This certificate is issued upon the express condition that said Andrew J. Leffingwell shall in every particular, while a member of said order, comply with all the laws, rules and requirements thereof.” Leffingwell died on the twenty-second day of December, 1887, and this action is brought by his widow to recover the amount of the certificate. The defendant is a corporation organized under the laws of this state, and one of its objects is to create, hold-, and disburse a beneficiary fund for the relief of its members and their families, under such laws, rules, and regulations as it shall prescribe. Another of its objects is to institute subordinate lodges, under such rules, by-laws, and regulations as it may establish. Under the rules and regulations adopted in the form of constitutions, the work of the order is largely done by or through the subordinate lodges. Application for membership is made through such lodges, and when the applicant is entitled to a certificate of membership it requires the signatures of officers of ' the subordinate lodge to become effectual. The revenues of the grand lodge are derived from the subordinate lodges, and consist of certain fees, dues and assessments. When a member entitled to the benefits of the order dies, it is the duty of the subordinate lodge to which he belongs to notify an officer of the defendant, known as the “Grand Recorder.” Where the claim for the death is adjusted,
The decedent was a member of the subordinate lodge, , known as “Eureka Lodge, number 6,” and it is admitted that at one time he was in good standing, and entitled to the benefits of the order. It is claimed by the defendant, however, that his rights under the certificate were forfeited by his failure to pay certain
It appears to have been the policy of the defendant to give to delinquent members an opportunity to pay arrearages, and to again become entitled to all the
Buies which govern cases where an insurance company dealing directly with the person insured, and holding unpaid dividends, which it had a right to apply on unpaid premiums, are not applicable to such cases as this, for reasons we have sufficiently indicated. The evidence fails to show any custom on the part of the defendant to accept arrearages when there is a failure to comply with its rules.
The judgment of the district court is affirmed..