Bruner v. Bhd. of Am. Yeomen

• Decision Date: 17 May 1907
• Citation: 136 Iowa 612,111 N.W. 977
• Parties: BRUNER v. BROTHERHOOD OF AMERICAN YEOMEN.
• Court: Iowa Supreme Court

136 Iowa 612

111 N.W. 977

BRUNER

v.BROTHERHOOD OF AMERICAN YEOMEN.

Supreme Court of Iowa.

May 17, 1907.

Appeal from District Court, Marshall County; Obed Caswell, Judge.

Action at law to recover upon a certificate of membership in a life insurance association. Verdict and judgment for plaintiff, and defendant appeals. Reversed.Boardman & Lawrence and C. E. Corey, for appellant.

J. L. Carney, for appellee.

WEAVER, C. J.

This action is brought upon a life benefit certificate or policy alleged to have been issued by defendant, a fraternal insurance association or order, to one Ernest Bruner, since deceased, and made payable to the plaintiff. To the petition the defendant answered, (1) denying the issuance of the alleged certificate of policy; (2) admitting that Ernest Bruner applied for membership in the association, and that a certificate of membership for him was made out and forwarded to the local lodge to which he had applied for admittance, to be signed by the local officers and delivered when said Bruner should present himself for initiation in accordance with the rules of the order, but the defendant alleges that said Bruner never did present himself for initiation, never paid the membership fee or dues necessary to entitle him to become a member, and never did in fact become a member. By an amendment to its answer the defendant further alleged that, if said Ernest Bruner did in fact become a member as alleged by plaintiff, he thereafter failed and neglected to pay the dues and assessments accruing against him, and thereby, under the laws and rules of the order, became and was suspended from such membership at and before the time of his death. A part of this amendment having been stricken on plaintiff's motion, defendant filed a very lengthy amendment, restating with great particularity the matters already referred to, and embodying therein a large part of the constitution and by-laws of the association, and considerable matter of evidentiary character. A motion by the plaintiff to strike this amendment from the files was sustained on the ground (1) that it was improperly numbered; (2) that it was prolix and involved in its statements, and included irrelevant and redundant matter; and (3) that its evident purpose was “to bridge over the gap between the defense of nonmembership and suspension from the order.”

On trial to a jury the evidence showed, without serious dispute, the following facts: The rules of the defendant association governing admission of members provide that the application of the candidate be made in writing and include answers to certain questions concerning his personal history, occupation, and physical condition. If elected to membership by the local lodge, he is then to be examined by the local examiner, whose duty it is to forward the application, together with the report of the examination, to the medical director of the association. If the medical director approves the risk, he forwards the paper to the chief correspondent, or secretary of the order, whose duty it then becomes to issue a benefit certificate for the applicant, duly signed by the chief officers, and forward the same to the correspondent (secretary) of the local lodge to which the application was originally made, who is then to notify the candidate, and thereupon the latter shall be “adopted” at a regular or special meeting. We infer that the word “adopted” here used has reference to the ceremony of initiation. The right is reserved to the local lodge, if it so decide by a majority, both to refuse to adopt such candidate and return to him the membership fee which he is supposed to have paid in advance. If the applicant fails to report for adoption within 90 days from the date of his certificate, he is to forfeit his entrance fee, and, if he still desires to become a member, must renew his application. If the certificate is not taken up within the 90-day period, it is declared that “the same shall become null and void and be returned to the chief correspondent.”

With this statement, we return to the matters connected directly with the alleged membership of Ernest Bruner. On June 17, 1904, said Bruner made written application for membership in the local society of the association at Marshalltown, Iowa. There seems to be no record of his election to membership, but it does appear that a medical examination was given him, and the report of this examination, with the application, was forwarded to the medical director. As, according to the rules we have above referred to, the medical examination and the forwarding of the papers to the medical director were not in order until after election to membership, we may infer that such election had been had. At the time of making his application he paid to the proper officer one advance monthly payment of $1.70. He is not shown to have paid the membership fee of $2, which is ordinarily required in advance. It is the claim of the plaintiff, however, that, when Bruner was solicited to join the defendant association, he was already a member of another order of similar nature, and that in consideration of his abandoning his membership in the latter, and joining the defendant association, the advance membership fee was waived in his behalf. The application and medical examination were duly approved by the medical director, and the chief correspondent then sent to the local lodge a benefit certificate for Bruner, duly signed by the chief officers. On receiving it, the local correspondent gave or mailed notice to Bruner, and, in anticipation of his appearing in response thereto, the local correspondent and foreman indorsed upon the certificate a written statement: “Member adopted and certificate delivered this 12th day of July, 1904.” Bruner died April 17, 1905. It is shown without controversy that he never appeared to claim or demand his certificate or to ask or seek the ceremony of adoption, and never made any payment to the association except the item of $1.70 in advance as above noted.

In addition to the matters already stated, counsel for appellee bases the right of recovery herein upon the following facts and circumstances: Soon after making the application for membership Ernest Bruner removed from Marshalltown to Gladbrook, in an adjoining county. After sending the certificate to the local lodge for Bruner by the chief correspondent, it appears that either by the general officers, or by some of the officers of the local lodge, notice of an assessment for August was issued to him. Some time during that month Bruner was in Marshalltown, and called at the office of the local correspondent to pay his dues, but did not find her in, and returned to his home. About the same time his father called at the...