72 Mo. App. 499 | Mo. Ct. App. | 1897
This suit is by the plaintiff as the widow of A. A. Miller, deceased, upon a certificate issued to him as a member of the defendant’s society, which provides (so far as necessary to be noticed) that the defendant will pay the sum of $500, upon the death of said member, provided he “at the time of his death was or is a member in good standing of his lodge and in this order, and had complied in each and every particular' with the laws governing its endowment benefits.” The certificate further states as follows: “The benefits in the within certificate mentioned and described shall be paid to such member or beneficiaries only as are named in and provided for by the laws of the Order Brith Abraham, and no others.” The certificate was dated Septemper 21,1891. The defendant is a New York corporation, with power to establish subordinate lodges. It established St. Louis Ellman Lodge Number 94, of which the said Miller was a member on the date of said certificate. The laws of the order provided for the reciprocal insurance of members and their wives in the sum of $500. They further provided that a member shall have the right to designate $250 of said sum to such of his children as he may deem proper, making new designations from time to time, but that if married, he must leave at least $250 to his wife. They provided further for the suspension of a member who is delinquent in the payment of his dues and assessments; that notice of such delinquency shall be sent by registered letter to his last known place of residence, at least eight days prior
The reply was a general denial. The case was submitted to the trial judge without the aid of a jury. It appeared from the evidence adduced on the trial that the statements of plaintiff’s petition as to her ownership of the certificate and relations as wife to the 'deceased member were true. It further appeared that up to the time of the death of the latter he made no attempt to change the designation of the beneficiary named in the certificate as to any part of the sum therein specified. The evidence also showed that the deceased member was notified in writing of his failure to pay certain dues and assessments and his suspension therefor; that he. received this notice, and replied to a special committee appointed to wait upon him for the purpose of inducing him to continue his membership; that he intended his membership to cease, so.that nothing would be payable upon the certificate at the time of his death. There was evidence tending to show that the amount of the dues mentioned in the notice to the member was about $2.50 in excess of what he really owed, and that the notice itself was not inclosed in the registered letter. It was further shown that his name was stricken from the list of members of the lodge by due entry of his suspension, and due notice thereof to the proper officers. Judgment was rendered for plaintiff for $250, from which defendant appealed to this court.
There are but two questions in this case. First.