72 Iowa 261 | Iowa | 1887
The defendant introduced what appears to be the usual form of notice to members to pay annual dues, which contains the following statement: “ Tour regular annual dues of five dollars are due and payable at this office prior to April 1st next. We trust you are sufficiently interested to promptly meet this payment before maturity, so as to fully sustain your membership, and not forfeit any of the benefits promised under your certificate.” Under the uncontradicted testimony, we think that it appeared that the alleged forfeiture had been waived by the company. The fact that the company, in receiving and retaining the money, did not know of the previous grounds of forfeiture, or intent to waive the same, is not material. “ It is not the intention of the insurer, but the effect upon the insured, which gives vitality to the estoppel.” (May, Ins., § 507.) As is said in Bailey v. Mut. Ben. Asso., 71 Iowa, 689: “The defendant received and held the money until after the death of the deceased, and he had a right to regard the contract as in force, regardless of any intention of the defendant to the contrary.” The alleged forfeiture by reason of non-payment of assessments occurred, if at all, in 1884. The annual dues, by the terms of the certificate, did not become due until the April following. The collection of such dues, and the assurances contained in the notice, reasonably justified Mrs. Tobin and the beneficiary in believing the certificate to be in force, and that all past requirements had been complied with or waived. By the exercise of the slightest diligence, the defendant could have ascertained the alleged failure of Mrs. Tobin to pay assessments, and, by the return of the money collected during the months intervening'before her death, prevented her from being lulled into security by the misleading acts of the company.
Beveesed.