Allgemeiner Arbeiter Bund v. Adamson

• Decision Date: 29 December 1902
• Court: Michigan Supreme Court
• Parties: ALLGEMEINER ARBEITER BUND v. ADAMSON et al.

92 N.W. 786

132 Mich. 86

ALLGEMEINER ARBEITER BUND v. ADAMSON et al.

Supreme Court of Michigan

December 29, 1902

Appeal from circuit court, Bay county, in chancery; Theodore F Shepard, Judge.

Bill of interpleader by the Allgemeiner Arbeiter Bund against Emma Adamson and Ursula Merz. Decree for defendant Adamson. Defendant Merz appeals. Affirmed.

James H. Davitt, for appellant.

James Van Kleeck, for appellee.

MOORE J.

This is a bill of interpleader. At the time of his death, February 1 1901, Johann Merz was a member in good standing of complainant bund. By virtue of such membership the person lawfully designated by him became entitled upon his death to a beneficiary fund of $500. Both of the defendants claimed the money; hence this suit. From a decree in favor of defendant Adamson, defendant Merz has appealed.

In December, 1869, Mr. Merz became a member of the local branch of the complainant at Saginaw. Prior to that time he had been married to defendant Merz. These parties lived together until 1897, when they separated,--for what cause does not very clearly appear. At this time there was a division of their property, and Mr. Merz went to live with Mrs Adamson, a daughter by a prior marriage, and continued to live with her up to the time of his death. In December, 1893 the complainant company issued a certificate to Mr. Merz, in which his wife was named as beneficiary. After his separation from his wife he caused a letter to be written to her, to which she sent a reply November 12, 1897, in which she declined to send him what she describes as 'the other papers.' At the request of Mr. Merz, the complainant society issued to him, November 4, 1897, a new certificate in which Mrs. Adamson was named as beneficiary. Mrs. Merz retained the prior certificate, but made no payments thereon. Mrs. Adamson not only took care of her father, but, after the certificate was issued in which she was named as beneficiary, made all the payments which were made to the complainant by reason of said insurance. The constitution of the complainant had the following provision in it: 'Each member shall in this certificate name or designate with the full name of the person or persons to whom after his death the money shall be paid. The sum in such certificate shall not be paid to any one else except the one mentioned in the certificate. No certificate shall be assigned or transferable to any one else except the person named in the certificate. But in case a member...