122 Iowa 260 | Iowa | 1904
It appears that Patrick K. Thornburg and T. A. Thornburg were brothers, and at the time the certificate in question was issued were partners in business; and that T. A. Thornburg was solicited by one F. W. Cherry, who was engaged in organizing the association, and who subsequently became its president, to become one of the organizing members, and to induce his brother, Patrick K. Thornburg, to also become a member. In pursuance of this solicitation on the part of Cherry, T. A. Thornburg urged his brother to become a member of the defendant association, and the latter approved of the proposition, and authorized T. A. Thornburg to make the necessary application. Such an application was made out in the name of Patrick K. Thornburg, and his name signed to it by the brother, T. A. Thornburg; and on such application a certificate was issued naming as beneficiary the plaintiff, who is the wife of T. A. Thornburg, Patrick K. Thornburg being a bachelor. The question as to whether plaintiff could be the beneficiary under such certificate is not involved in this appeal, for the reason that she has shown an assignment to her of the interest of the.
I. It being conceded that Patrick K. Thornburg did not himself sign an application for membership in the defendant association, it is argued in behalf of appellant
We reach the conclusion that where one person is directed to make application for.membership in such an associatidn for another, and makes proper answers to the questions, and signs the name of his principal thereto, and the principal subsequently ratifies his agent’s action,the association is as fully bound by the certificate issued in response to this application as though the application had been filled out and signed directly by the applicant. We see no reason in the nature of things why the association would be prejudiced by granting a certificate on such an application. It would still have the same remedies for false statements or representations in the application as though made by the applicant personally. There was in this case no fraud perpetrated, for it appears that
The reference just made to the conversation between T. A. Thornburg and Cherry, as to whether the latter could sign Patrick K. Thornburg’s name to the applica-
II. The articles of incorporation of defendant association provide that the beneficiary of a deceased member or his legal representatives should be entitled “to a sum
III. A number of errors are argued with reference to rulings in the admission of evidence. We have examined all of them, and find them either to be without merit, or to relate to matters which could not have any material bearing on the,result of the case. It would not be profitable to set out at length the evidence of the witnesses for the purpose of explaining how the rulings were not erroneous, or, if technically incorrect, were not' in any way prejudicial. Counsel also object to the admission in evidence of certain alleged proofs of loss, and contend that, as the claim did not mature until ninety days after proof of loss had been served, a cause of action did not exist at the time this suit was brought; but the examination of the record shows that proofs of loss were duly sent to the association immediately after the death of the assured, and, as defendant does not claim that they were not received or that they were not sufficient, we think that it satisfactorily appears that they were sent within such time after the death of Patrick K. Thornburg, which was June 5, 1901, as that the action commenced October 19th following was not premature.
The conclusion of the trial court was correct as to matters of law, and is fully supported by the record as to matters of fact, and it is aeeiemed.