44 Wis. 369 | Wis. | 1878
The plaintiff, as widow of Adam Schunck, deceased, brings this suit to recover from the defendant the sum of $800. She claims that her husband, at the time of his death, was a member in good standing of a grove (as it is called) of the order of Druids in Wisconsin, and, as such, was also a member of the defendant corporation. It appears that the defendant is a corporation organized and acting by the authority of the Grand Lodge of the United Ancient Order of Druids for this state. Its name indicates its character, being, as it is translated, “ Mutual Widows’ and Orphans’Fund.” There are several groves of the order in the state, which united form the Grand Lodge, consisting of representatives of all the groves. The groves, as well as the defendant, for many purposes are under the jurisdiction of the Grand Lodge. The defendant was obviously organized to answer the ends, or serve the purpose, of a mutual life insurance company. Among the provisions of the constitution and by-laws adopted for its management, is one which provides that, on the death of a member, in good standing, there shall be paid to his surviving widow, or heirs, the sum of $800, as life insurance. The funds under the control of the defendant are made up chiefly of dues paid by members on admission into the order, and assessments levied upon and paid by the members on the death of a brother. The managing authority of the defendant is termed a directory, which is chosen by the groves from their members, each grove that has not more than seventy-
On the part of the plaintiff it is contended that, inasmuch as Adam Schunck was at the time of his death in good standing in his grove, and had paid all dues and assessments to his grove, including assessments for the benefit of the insurance fund, the rights of the plaintiff, as his widow, in that fund, were not forfeited by the neglect or failure of his grove to pay
By the Court. — The judgment of the county court is reversed, and the cause remanded for a new trial.
A motion by the appellant for a rehearing was denied.
Cole, J. The counsel for the appellant moves for a rehearing for the purpose of obtaining a modification of the order of this court reversing the judgment and directing a new trial. He insists that the special verdict found upon all disputed questions of fact, and that upon this verdict, therefore, the plaintiff was entitled to judgment without further trial. The jury found, in answer to questions submitted, that the plaintiff’s husband, at the time of his death, had paid all assessments made by the defendant, and all his lawful dues to his grove; and that the grove failed to pay over these assessments to the defendant. The bill of exceptions contains also this statement: “ It was shown and conceded on the trial, that on the 8th day of October, 1876, Teutonia Grove No. 8, in open session, took official notice of the death of its deceased brother and charge of his funeral; that, believing him to be in arrear and not in good standing in his grove, the grove failed to issue and transmit to the defendant the customary notice of death; that the defendant, however, had actual knowledge of the death and the claims of the survivors upon the insurance
The learned counsel for the respondent has submitted a very able and elaborate argument, not in opposition to the motion, but insisting that a rehearing of the cause is demanded— not to correct any error in the j udgment prej udicial to the appellant— but for the purpose of a reexamination of the whole case, and a total change of our decision. He claims that we have utterly misapprehended the meaning and effect of the contract, and that we have placed an erroneous construction upon the constitution and by-laws which measure and determine the rights and liabilities of the parties. We have carefully considered this argument, but find nothing in it which changes the views we have expressed in the opinion filed. In combating our decision, the counsel has gone over very much the same field of discussion he did in his argument at the bar, but fails to present any new view of the case which should lead to a change