125 Iowa 95 | Iowa | 1904
The contract between the Mutual Re^ serve Pund Life Association and the Northwestern Life Assurance Company, so far as material to the inquiry before us, is in the following language:
Pirst. Said Company has and does hereby tender to said Association, as members of said Association, each and all of its living members who, by its books and records, are in good standing, except such as shall file a written notice of his or her preference to be transferred to some other corporation than to the said association, in accordance with the provisions of Section 16 of an act of the Legislature of the State of Illinois [Hurd’s Revised Statutes, 1903, page 1109, chapter 73, -section 245], entitled, “an act to incorporate
Second. And the said Association on its part agrees to accept and does hereby accept as its members, all of the members of said company who are in good standing at the date and hour of the day this contract is ratified and approved by the members of said company, as aforesaid, as shown by the books and records of said company, upon the terms and conditions herein provided, and expressly disclaims the assumption of any policy or certificate, or of any liability on account of any which do not appear as aforesaid to be in good standing by the books and records of said company.
The section of the Illinois statute to which reference is made in the contract reads as follows:
No such corporation, under the laws of this State, shall transfer its risks to or reinsure them in any other corporation unless the contract of transfer or reinsurance is first submitted to and approved by a two-thirds vote of the meeting of insured, called to consider the same, of which meeting a written or printed notice shall be mailed to each member, certificate or policy holder, at least thirty days before the day fixed for such meeting. If such transfer shall be approved, every member, certificate or policy holder of the corporation, who shall file with the secretary thereof, within ten days after the meeting, a written notice of his preference to be transferred to some other corporation than that named in the contract, shall be accorded all the rights and privileges, if any, in aid of such transfer, as would have been accorded under the terms of such contract had he been transferred to the corporation named therein. No such eorpo
Other questions are discussed by counsel, but our. conclusion on the main proposition presented renders their consideration unnecessary.
The plaintiff was not entitled to a verdict or judgment, and the case is reversed.