76 Minn. 417 | Minn. | 1899
The defense upon which the defendant, a so-called “mutual aid association,” relies in this appeal, is so devoid of merit that it is not entitled to consideration at any great length. Under one of the conditions found in the body of the policy or certificate of membership issued by defendant, and held by plaintiff, bearing date September 29, 1897, the latter was entitled to a payment of $70 per month by reason of
“Sickness that is contracted and begins while the certificate is in full force and effect, and after it has so continued for three consecutive months.”
Reckoning from the date of this instrument, the three months would expire December 30. Another condition was that the certificate should continue in force only so long as the dues, $1.90 per month, were paid in advance, without notice. As is frequently the
“Office of the La Crosse Mutual Aid Association.
La Crosse, Wis., September 29, 1897. .
$1.90. Received of P. J. Richwine one °°/100 dollars, which pays assessments from Sept. 29, 1897, to Oct. 29, 1897, under certificate No. 8,518, subject to all conditions of said certificate.
J. 0. Paddock, Secretary."
His next payment was on November 1, and his receipt bore date that day. Payment of the assessment from October 29 to November 29 was acknowledged. Payment of an assessment from December 7 (not from November 29) to January 7 was acknowledged by a receipt dated December 8. By another receipt, dated January 5,' payment of an assessment from January 7 to February 7 was admitted. February 7 the secretary acknowledged payment of an assessment “to March 7." By another receipt, of date March 18, it was admitted that an assessment “to April, 1898" (day in April omitted), was paid. The last receipt bears date April 1, and acknowledged payment of an assessment to May 15. Notice of plaintiff’s sickness was filed with the defendant April 7, with which was the attending physician’s certificate, as required by the rules of the company. These receipts were evidently prepared and filled out on a blank form, but it will have been noticed that, when placed together and compared, they do not show or admit payment for connected assessments. So the claim of defendant is that the certificate was never continued in full force and effect for three consecutive months. Beginning with the date of this certificate, the third payment was eight days late. Beginning with the payment of December 8, the third payment, March 18, was ten days late; and because of these facts defendant company refused to pay any part of plaintiff’s claim for a sickness which, according to the proofs, commenced March 27, and which lasted about two months.
An association which intended to deal fairly with those holding
Nor is there any merit in the two subordinate points made by counsel — First, that the amount found due to plaintiff is excessive; and, second, that no proofs of his claim were furnished.
Order affirmed.
BUCK, J., absent.