Ballou v. Gile
| Decision Date | 17 December 1880 |
| Parties | BALLOU v. GILE, ADM'R, ETC. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from circuit court, Winnebago county.C. D. Cleveland and Finch & Barber, for respondent.
Geo. W. Burnell, for appellant.
This action was originally brought by the respondent against the “Royal Arcanum,” a society incorporated by the laws of Massachusetts, to recover the sum of $3,000, which she claimed was due to her upon a benefit certificate of said society held by her husband, Walter H. Ballou, at the time of his death. The society did not dispute the indebtedness, but alleged that several other persons made claim to said sum of $3,000, and amongst them the appellant; asked to be permitted to pay the money into court, and that the contestants for the money be made defendants in its place; and thereupon the society was permitted to and did pay the money into court, the contestants were made defendants in its place, and the action was dismissed as to the society. The action was tried by the court without a jury. From an examination of the rules and regulations of the society, offered in evidence on the trial, it appears that the society is a purely benevolent one. By the fifth paragraph of article 2, entitled “The objects of the order,” it is declared to be one of its objects “to establish a widow and orphans' benefit fund, from which, on the satisfactory evidence of the death of a member of the order who has complied with all its lawful requirements, a sum not exceeding $3,000 shall be paid to his family or those dependent on him, as he may direct.”
The second, third, and fourth sections of what is termed Law III of the order are as follows: Section 2. “Each member shall enter upon his application the name or names of the members of his family, or those dependent upon him to whom he desires his benefit paid, and the same shall be entered in the benefit certificate.” Section 3. “A member may at any time, when in good standing, surrender his certificate, and have a new one issued by paying a fee of 50 cents.” Section 4. It is admitted by the society that Walter H. Ballou was a member in good standing, and had complied with all the lawful requirements of the order at the time of his death, and that $3,000 was due to such person or persons as by the rules and regulations of the order were entitled to receive the same at his death. A benefit certificate had been duly issued by the order to Walter H. Ballou in his life-time, and in his application, and in the benefit certificate, he designated his two infant children as the persons to whom the money should be paid in case of his death. The evidence showed that previous to the death of Walter H. Ballou the two infant children to whom he had directed the money to be paid had died, and the said Walter H. Ballou also died a few weeks after the death of his children, and without having made any other direction as to the payment of the money. The deceased left a widow, but no children, or descendants, or other person dependent upon him for support, except his widow, the respondent in this action.
Under this state of facts the society determined that the case came clearly within the provision of section 4 of Law III, above quoted, and the local council of Oshkosh, of which the deceased was a member, resolved that the $3,000 should be paid to the widow of the deceased, as being the person entitled thereto by the rules and regulations of the order. The appellant claims the money as the administrator of the deceased, and the evidence shows that if the money goes to the administrator it must be used to pay the creditors of the deceased, and the widow would receive no benefit therefrom. We think...
To continue reading
Request your trial
-
Lewine v. Supreme Lodge K. of P. of W.
...App. 430, 42 Pac. 1009; Medical, etc., Soc. v. Weatherby, 75 Ala. 248; Schunck v. Gegenseitiger, etc., Fond, 44 Wis. 369; Ballou v. Gile, 50 Wis. 614, 7 N. W. 561; Miner v. Mich. Ben. Ass'n, 63 Mich. 338, 29 N. W. 852; Wiggin v. K. of P. [C. C.] 31 Fed. 122); and, second, when a forfeiture ......
-
Johnson v. New York Life Ins. Co.
... ... 506; Thomas v. Thomas, 131 ... N.Y. 210, 30 N.E. 61, 27 Am.St.Rep. 582; Wendt v. Legion of ... Honor, 72 Iowa 685, 34 N.W. 470; Ballou v. Gile, Adm'r, ... 50 Wis. 614, 7 N.W. 561; Ireland v. Ireland, 42 Hun (N.Y.) ... In ... Townsend's Assignee v. Townsend, 127 Ky. 230, ... ...
-
Canterbury v. Nw. Mut. Life Ins. Co.
...in equity.” That case has never been questioned by this court. On the contrary, it has frequently been cited with approval. Ballou v. Gile, 50 Wis. 619, 7 N. W. 561;Bursinger v. The Bank of Watertown, 67 Wis. 75, 81, 82, 30 N. W. 290, 58 Am. Rep. 848;Estate of Breitung, 78 Wis. 33, 35, 46 N......
-
Puls v. Lodge
... ... the benevolent objects of the different bodies. Supreme ... Lodge K. P. v. Schmidt, 98 Ind. 374; Ballou v ... Gile, 7 N.W. 561; Payne v. Mut. Rel. Soc. 2 How ... Pr. 228; Mass. Ben. Life Ass'n v. Robinson, ... 42 L. R. A. 261; Goodwin v ... ...