47 P.2d 399 | Colo. | 1935
THE complaint of Lamson, a member of defendant corporation, which is in the nature of one for money had and received, seeks a recovery from the defendant of monthly payments made by him to the defendant, a fraternal benefit society, under his benefit certificate as a member thereof, which payments were, as he says, unlawfully exacted. A number of incidental or subordinate questions are discussed, but the important question for decision is whether multiple assessments may be made upon its members by the defendant.
The defendant Woodmen organization, assuming that it had such power, levied and made an assessment upon its members, including plaintiff, in addition to the regular monthly assessments specified and fixed by the membership contract. This action seeks to recover the difference between the increased amount which plaintiff had theretofore paid and the amount which by his original membership contract he was required to pay, or, as stated by counsel for plaintiff, he was required by his membership contract to pay less than the actual increased amount he had paid, and which the organization required him to pay in order to preserve his membership rights, and that he may recover the amount of such excess. An increased assessment was made, as stated, by the organization and the plaintiff Lamson, as a member thereof, had paid to the organization as dues $3.70 a month more than his contract required him to pay.
[1] We do not find it necessary to consider all of the questions raised and presented in the exhaustive arguments of counsel in their briefs, because we think that under the better doctrine of the leading cases the *138 Woodmen organization has the power under the statutes of this state, under which it was organized, and by its rules and regulations thereunder, to levy these extra assessments if it finds it to be necessary to increase the rates as fixed in the original contract between the society and its members, provided, of course, such assessments are not arbitrary and unreasonable, but only sufficient in amount to enable the society to continue its business and carry out the purpose for which it was organized.
Our examination of the numerous authorities cited discloses that the best reasoned cases upon this question support the action of the organization here in increasing the amount of assessments upon its members. In Jenkinsv. Talbot,
In Knights of Pythias v. Mims,
In Knights of Pythias v. Smyth,
In Reynolds v. Royal Arcanum,
In Miller v. National Council, 69 Kas. 234, 76 P. 830, in an opinion by Mr. Justice Greene, it was held that a member of an organization such as the Woodmen of the World, where its certificate and by-laws make it apparent that the member agreed to be bound by subsequently enacted by-laws, he is bound by a new law which changes and increases the rate of his monthly assessments, if it be reasonable and necessary to the accomplishment of the purpose of the association.
In the Woodmen case now under consideration there is a provision in its charter and by-laws giving it power to enact by-laws. Acting under a similar order, the Supreme Court of Kansas, as just stated, held valid the action of the fraternal organization involved in that case which increased the monthly rates of its members.
In Thomas v. Knights of Maccabees,
In Fullenwider v. Royal League,
[2] In the articles of incorporation of defendant it is provided that the association shall have the power to make and adopt a constitution, by-laws, rules and regulations for the government of the association and all subordinate camps for the collection of assessments, fees and dues and may alter, modify and change the constitution, by-laws, rules and regulations at will. There is also a provision that when double or multiple assessments are called for, each benefit member shall pay the proper multiple of the amount required for a single assessment. This presupposes the right to make multiple assessments. *141 Elsewhere in the provision of its articles of incorporation it is also made clearly to appear that multiple assessments may be made by the organization through the action of its controlling officers. The managing officers of the society in 1927 ascertained and determined that the rates then being paid for the insurance certificates were inadequate and insufficient to meet the accruing obligations of its members. Many members were of advanced age, mortality rates among the members were increasing rapidly and would continue to increase and it had therefore become necessary and imperative that the organization take proper steps to increase the amount of the payments and the rates of its benefit members to prevent financial disaster and protect its future operations.
In Woodmen v. McCue,
The judgment in the case now before us, that defendant has not power to increase its rates, is wrong and is therefore reversed.
MR. JUSTICE HILLIARD and MR. JUSTICE BOUCK not participating. *142