38 N.J. Eq. 72 | New York Court of Chancery | 1884
This suit is brought by the widow of James H. Van Houten, who died June 11th, 1878, against William E. Pine, president, and Charles H. Ingalls, secretary and treasurer of “ The Masonic Mutual Life Insurance Company of the City of Newark, N. J.,” an unincorporated beneficial association located at Newark, to recover $1,000 which she claims are due to her under the by-laws of the society. The suit is really against the company, but inasmuch as it is unincorporated and its membership is very numerous (over eleven hundred), the bill is maintained against the two officers above named alone. Van Houten v. Pine, 9 Stew. Eq. 133. The by-laws provide that on the death of any member it shall be the duty of the treasurer, within thirty days after receiving notice thereof, to pay $1,000 to the widow or family of the deceased, or to the person to whom the deceased may have directed the money to be paid; or if there be no widow or family or designated person, then the payment is to be made to his next of kin; and in case there be no widow, children, designated person or next of kin, then the treasurer is to appropriate towards the payment of the funeral expenses so much as necessary, not exceeding the amount to which the widow would have been entitled if there were a widow; and if after the payment of those expenses there be any amount remaining, the excess is to go into the permanent fund of the company. In April, 1877, Van Houten made application for membership of the society, and was admitted in May following. On the 7th of the latter month there was issued and delivered to him a certificate
Conceding that the act of the secretary in declaring that Van Houten’s name was erased from the roll for his delinquency, was sufficient to put an end to the latter’s membership, and that no action of the board of directors was requisite to the legal exclusion of Van Houten from the society (a question which it is not necessary to decide in this case), Van Houten was, under the bylaws as they then stood, entitled to be restored on payment of the assessment. They provided that the board should have power to re-instate one who was delinquent in such case on his appearing before it and rendering a satisfactory excuse and paying the sum in arrear. The excuse given by Van Houten when he appeared before the board and asked to be re-instated was ample and ought to have been accepted. He had provided for payment of the money within the time limited by the by laws by engaging Mr. Tucker, a director, to attend to the matter for him and prevent any delinquency, and Mr. Tucker had, at his request, undertaken to do so. It was merely Mr. Tucker’s for
The defendants insist that it is unjust to permit the complainant to prosecute this suit against them alone, seeing that there are over one thousand one hundred other members, all residing in this state, who are as much interested as they in the subject of the controversy. That matter was considered and disposed of on the demurrer. Van Houten v. Pine, 9 Stew. Eq. 133. It appears by the proof that the association has an invested fund of $25,000. No injustice will be done to the defendants or to those whom they are made to represent in this suit, by a decree directing them to pay the amount due the complainant from the association. The complainant’s right to the money, if "Van Houten was a member when he died, is not questioned. There will be a decree in her favor for the $1,000 and interest thereon from the expiration of thirty days from the death of Van Houten, with costs of suit, the money to be paid out of the funds of the association in sixty days from the time of'filing the decree in pursuance of this decision.. Sixty days will be enough to enable the association to raise the money by assessment.