131 P. 521 | Or. | 1913
delivered the opinion of the court.
“I have received your affidavit on behalf of this neighbor, but the Grand Circle cannot accept this remittance, for the reason same is a partial payment and I have instructed the Grand Banker to return same to you.”
The witness further testified that the July report showed a remittance for James J. Patton of $1.75, which was accompanied by an affidavit, dated July 9, 1908, made by Lillian C. White, circle clerk, to the effect that on March 28,1908, James J. Patton paid his March assessments and dues, but that she failed to remit the same with the report for March, made' by her on April
Practically the whole controversy hinges on the acceptance of this $11.20 for the assessments of the decedent. Defendant offered in evidence a letter, dated August 19,1909, about a year after the death of James J. Patton, and written by Lillian C. White to Mrs. H. L. Patton, wife of plaintiff. This letter was rejected by the court. It is an explanation of the matter of the decedent’s assessments, and of the action of Miss White, as local clerk. It states in part that she received Mr. James J. Patton’s dues for January and February through Mr. Fie Damon, clerk of the Woodmen of the World; that on April 7th she telephoned to Mr. Damon and asked him if he intended remitting for Mr. Patton for March in the Woodmen of the World lodge, and he replied that he was going to report him delinquent; that James J. Patton was entitled, under the by-laws, to be carried, or to have his assessment for the month of March paid, by the local circle; that this was not done, for the reason that any member becomes delinquent as soon as he is suspended in the Woodmen of the World camp; that when she learned that he had not been suspended she made the affidavit to straighten up the matter. In making the affidavit it appears that Miss White consulted a former organizer and obtained her advice in regard, to it. The affidavit was rather general. Had it contained .the same matters that are set forth in the letter, it would
Affirmed.