212 Mass. 289 | Mass. | 1912
The defendant is a fraternal benefit insurance
order conducting its business under the lodge system. The plain
The certificate was issued upon the condition that the "member complies in the future with the Laws, Rules and Regulations now governing the said Commandery and Fund, or that may hereafter be enacted by this Order to govern said Commandery and Fund;” and also upon the further condition “that said member is in good standing in this Order, at the time of his death; and . . . that the suspension, disconnection or expulsion of said member shall work. an immediate forfeiture of all claims of said member on the Benefit Fund of the Order, also, the forfeiture of the claims of the beneficiaries named in this Certificate.” The by-laws contain the following: “All members shall have thirty days from the date of the notice calling an assessment, issued by the Grand Commander and Grand Recorder, in which to pay said assessment to the Collector and shall be suspended from the Order by nonpayment within said time; they shall be reinstated provided they make payment within the next thirty days, but shall be disconnected from the Order by nonpayment within said second period of time.” Notice of an assessment was issued on April 1, 1909. The insured did not pay the assessment within thirty days.
The plaintiff contends that pursuant to an agreement with her husband, the collector of the lodge at Needham, to which her husband belonged, paid or advanced the amount of the assessment for him before his death during the second period of thirty days, and that the insured was thereby reinstated, and was in good standing at the time of his death.
The case turns on the question whether the assessment was paid as thus contended before the death of the insured. This would seem to be largely a question of fact. The presiding judge found that it was paid, and the evidence clearly warranted such a finding.
The collector was properly allowed to testify to the understanding between her and the insured as to the payment of assessments for him.
We see no error in regard to the rulings or refusals to rule.
Exceptions overruled.
Bell, J.