127 Wis. 606 | Wis. | 1906
It is the contention of appellant that the court erred in finding that the deceased was not engaged in the occupation or employment of a “saloon bartender,” and that he was not engaged as agent or servant in the sale of malt or spirituous liquors to be used as a beverage. It is claimed that, by violating the fundamental law and the by-laws of the order, the insured forfeited all rights and claims under the benefit certificate whereon plaintiff bases her right to recover. The certificate issued to the insured provided that if he failed to comply with and to conform to any and all of the laws of the order, whether in force when the certificates issued or thereafter adopted, the certificate should be void. It also specified that if any person, after becoming a member of the order, engaged in any of the employments and occupations prohibited by its laws, the certificate issued to him should thereby be forfeited and of no further validity. By the fundamental laws of the order it was enacted that persons engaged in certain classes of business or employment, among which was specified the occupation of “saloon bartender,” should not be admitted as members, and provided that engagement by a member in any of these employments or occupations should forfeit his certificate and render it void. The defendant adopted a by-law in 1903 prescribing that if any member should thereafter “enter upon the manufacture or sale of malt, spirituous, or vinous liquors to be used as a beverage, in the capacity of proprietor, stockholder, agent, or servant, ... he shall, ipso facto, forfeit all rights as a member” and his certificate shall become void. Defendant insists that the insured
Tbe finding of the trial court is sustained by the evidence, and the judgment was properly rendered awarding recovery on the benefit certificate.
By the Court. — ‘Judgment affirmed.