45 Minn. 256 | Minn. | 1891
The plaintiff is the widow of August Scheufler, who died June 15, 1889. A recovery is sought upon a “beneficiary certificate” executed to the deceased, in April, 1884, by the defendant, in accordance with its constitution; This certificate declared that Scheufler was entitled to all the rights and privileges of membership in the order, and to participate in the beneficiary fund- of the same to the amount of $2,000, and that at his death such sum should be paid to his wife, this plaintiff, subject, however, to the “express condition that said August Scheufler shall in every particular, while a member of said order, comply with all the laws, rules, and requirements thereof.” The defence rests chiefly upon the facts, specifically alleged in the answer, that Scheufler did not comply with this condition of the contract; that as early as the year 1885, and always after that, Scheufler failed to comply with this condition in that he did not pay the “dues” which, by the terms of the constitution and by-laws of the order, he was required to pay quarter-yearly, and in that he
As to the issue concerning the corporate character of the defendant, we refer to Jewell v. Grand Lodge, 41 Minn. 405, (43 N. W. Rep. 88,) and Foster v. Moulton, 35 Minn. 458, (29 N. W. Rep. 155.) It appears that the defendant held itself out as a corporation, and it seems to have acted as such in making the contract in question. It is therefore chargeable as a corporation in this action whether it has a legal corporate existence or not.
Although in the complaint it was alleged generally that Scheufler had performed all the conditions of the contract on his part, and had paid all dues and assessments, yet it was incumbent upon the defendant, which had in defence alleged specifically the default of Scheufler to pay particular assessments and the dues for a specified period of time, to show such default, whereby the obligation of the defendant, admitted to have once existed under the contract, is claimed to have terminated. Tobin v. Western Mut. Aid Society, 72 Iowa, 261, (33 N. W. Rep. 663;) Hodsdon v. Guardian Life Ins. Co., 97 Mass. 144, 147; Supreme Lodge, etc., v. Johnson, 78 Ind 110. After the death of the insured member such matters may be deemed to be peculiarly within the knowledge of the surviving corporation.
The court expressed itself as satisfied that dues had become payable and that assessments were made, as alleged in the defence, but it was considered to be also incumbent on the defendant to show that notice had been given to Scheufler of such dues and assessments, and that the defendant had failed to make proof of such notice. There can be no doubt that, as to assessments such as are here referred to, notice to each member assessed is necessary, and in the absence of notice he cannot be deemed to be in default. The constitution of the defendant (article 14) prescribes that notices shall be given. These assessments are made upon the death of master workmen “in good standing” in a subordinate lodge, and who were entitled to share
To determine the conditions or circumstances under which the obligation of the defendant upon its beneficiary contracts may be suspended or terminated by reason of the non-payment of dues, we must refer to several other provisions of the constitution and by-laws, which enter into and are to be deemed parts of the contract. Mills v. Rebstock, 29 Minn. 380, (13 N. W. Rep. 162.) The constitution for the government of subordinate lodges requires each member to pay quarterly in advance, to commence with the date of his first degree, such sum as shall be prescribed by the by-laws. Article 11, § 1. Section 2 declares that any member who neglects or refuses to pay his dues for the period of three months “shall not be entitled to vote, and shall be disqualified from holding office;” and upon such neglect or refusal for the period of six months, “he shall be reported to the lodge by the financier, and the master workman shall, unless otherwise directed by the lodge, thereupon declare such member suspended from the order.” Article 10, relating to the duties of officers, requires (section
We have not overlooked section 12 of article lé of the constitution of the defendant, entitled “Beneficiary Article,” declaring that “any member in arrears for the period of six months shall stand suspended from all benefits and privileges of the order. His beneficiary certificate shall be reported to the grand recorder as annulled, and he shall not again be admitted to membership except as provided for in section 13 of this article.” If it be conceded that this section was intended to refer and bé applicable to the non-páyment of dues, it must be read in connection with the other provisions above referred to, and particularly section 2 of article 11 of the constitution for the government of subordinate lodges, which must be regarded as modifying what might seem to be the meaning of section 12, standing alone, so that, taking the whole of these provisions on the subject, it is considered that it was not intended that the mere non-payment of dues for six months should of itself operate to suspend a member without any action to that end on the part of the lodge; but rather that it should be essential to suspension for that cause that there be a determination and declaration to that effect, as specified in section 2 of article 11 above recited. The specific provision controls the more general.
May a member be thus suspended and his rights forfeited without any notice to him or opportunity to be heard before the body by whose determination his rights are thus affected? This would be contrary
Prom the foregoing premises we are led to these conclusions: First. Notice of an assessment on account of the death of a member must be given to surviving members; and if this be not shown, the latter are not to be deemed to be in default, nor are their rights under ben
Without having specifically referred to the defendant’s numerous assignments of error, we have expressed our decision upon nearly all of the points presented by them. It may be said generally of the rulings of the court to which exception was taken that they were based upon a theory of the law substantially in harmony with the views which we have expressed. The defendant did not prove nor offer to prove that notice was given to Scheufler of assessments as to the payment of which he is alleged to have been delinquent; nor that notice was given to him prior to and concerning the action of the lodge upon his alleged default in the payment of dues. The court stated briefly, as its findings of fact, that all the allegations of the complaint were true, and that the other allegations in the pleadings were not true. Such findings were not strictly in accordance with the facts disclosed at the trial; for certain facts were proved as alleged in the answer of the defendant, such as the existence of certain provisions in the constitution and by-laws of the order; that assessments were made, and that dues became payable; but none of these matters concerning which the findings may be said to be erroneous entered into the decision of the case; and if the findings had been in accordance with the facts shown, the result must have been the same. The error is hence immaterial.
Order and judgment affirmed.