164 Mass. 574 | Mass. | 1895
The only alleged ground of defence to this suit is that William C. Waterworth in his lifetime ceased to be a member of the defendant corporation by reason of his failure to pay the fiftieth assessment made in accordance with the bylaws. So far as appears, he endeavored faithfully to perform his duties as a member, and the complications which have arisen were caused by a mistake for which he was not responsible. He was ill for a considerable time before his death, and when he paid the forty-ninth assessment he sent the money by his son, and by him sent notice of his change of residence
The by-laws are in part as follows: “ It shall be the duty of the collector to at once notify every member liable to an assessment. . . . This notice may be mailed to or left at the last known post office address or residence of a member, or handed to him in person, and when so mailed or delivered it shall be a legal and sufficient notice to the member. Each member shall notify the collector of any change of address to which such notice shall be forwarded. Each member shall pay the amount due on notice of the collector within thirty days from the date of such notice, and any member failing to pay such assessment within thirty days shall stand suspended from the order and all benefits therefrom, and should the member die during the period of such suspension no benefit shall be paid to his or her beneficiary. The collector shall immediately notify the Prior of the date of such suspension, and the Prior shall announce the suspension and date thereof at the next meeting of the council,” etc.
In this case no notice was given to the deceased, as required by the by-laws. The notice was not mailed to his last known post office address or residence, and the place to which it was
Judgment for the plaintiff.