146 Mass. 286 | Mass. | 1888
The designation of beneficiaries in the policy or certificate of membership is invalid, as the statutes under which the defendant corporation was organized did not authorize it to grant insurance for the benefit of friends. Daniels v. Pratt, 148 Mass. 216, 221. But an invalid designation of beneficiaries does not render the whole contract invalid. The contract in terms recognizes that there may be a change or substitution of beneficiaries, and there is a provision that, if the member shall survive all original or substituted beneficiaries, then his membership shall be for the benefit of his legal heirs. This provision is
Since the action is now prosecuted by the proper plaintiff, we need not consider the effect of the St. of 1885, c. 188, which the plaintiff relies on as enlarging the effect of the defendant’s contract. The other objections to the plaintiff’s recovery depend on the same facts which were considered in the case of Rice against this same defendant, ante, 248, where it was held that the defendant must be deemed to have waived the forfeiture.
According to the terms of the report, the entry must be,
Judgment for the plaintiff.