Byrne v. Casey

• Decision Date: 20 March 1888
• Citation: 8 S.W. 38
• Parties: BYRNE <I>et al.</I> v. CASEY <I>et al.</I>
• Court: Texas Supreme Court

8 S.W. 38

BYRNE et al. v. CASEY et al.

Supreme Court of Texas.

March 20, 1888.

Appeal from district court, Tarrant county; R. E. BECKHAM, Judge.

Hunter, Stewart & Dunklin, for appellants. Templeton & Carter, for appellees.

WALKER, J.

June 10, 1887, suit was filed by the Supreme Council Catholic Knights of America against Margaret and Patrick Byrne, widow and son of Henry Byrne, and the appellees, Casey & Swasey. The object of the suit was to compel the said Margaret Byrne and the said Casey & Swasey to interplead, in order that it be determined who was owner of $2,000, the proceeds of a certain benefit certificate or certificate of membership issued by plaintiff to Henry Byrne. No question is made upon the pleadings. Margaret Byrne claimed as the beneficiary named in the original benefit certificate, No. 6,252, issued March 3, 1882. The parties Casey & Swasey claimed under benefit certificate No. 18,643, issued September 29, 1885, direct to Henry Byrne, in lieu of his original, No. 6,252, which had been surrendered under the rules of the order. The findings of fact and law made by the trial judge supply the statement of facts. It appears that the plaintiff is a corporation under act of legislature of Kentucky. In its charter it has power "to establish and maintain a benefit fund, from which a sum not to exceed two thousand dollars shall be paid at the death of each member to his family, or be disposed of as he may direct." Article 1 of its constitution is as follows: "Section 1 This body shall be known as the Supreme Council Catholic Knights of America, with power to make its own constitution, laws, and rules of discipline, and general laws for the government of the entire order." Article 12 of the constitution of the order, in force when the first certificate was issued, is as follows: "Art. 12, § 1. This constitution and these laws may be amended, at any regular meeting of this supreme council, by a vote of two-thirds of its members present, but all amendments must be presented in writing, signed by three or more members, and presented to the secretary, who will forward them to the supreme president three months previous to the biennial meeting of the supreme council." In the face of the benefit certificate in which appellant is beneficiary, which was issued June 3, 1882, is found the following stated provisions: "Said Supreme Council Catholic Knights of America agrees to pay to Mrs. Margaret Byrne, designated by said Henry Byrne in his application, or to the beneficiary or beneficiaries that he may hereafter have a certificate made in favor of on surrendering this certificate;" and "said Henry Byrne shall have the right, during his membership in the order, to surrender this certificate, and receive a new one, and may substitute another beneficiary or beneficiaries therein, if he so desires, by complying with the laws of the order on the subject." And there is also found there the following declaration or stipulation: "And it is expressly understood that this is a contract between the Supreme Council Catholic Knights of America and Henry Byrne alone, and not a contract between said council and the beneficiaries therein named." The law of the order upon the subject of surrendering, etc., was, at the time the benefit certificate under which appellant claims was made and delivered, as follows: "Each member may enter upon his application the name or names of the member or members of his family, or those to whom he desires his benefit paid, subject to such future disposal of the benefit as the member may thereafter direct in accordance with the laws of this order, and they shall be entered in the benefit certificate according to said direction. A member may, at any time when in good standing, with the consent of his beneficiary indorsed thereon, surrender...