Canfield v. Great Camp of Knights of Maccabees

• Decision Date: 09 October 1891
• Court: Michigan Supreme Court
• Parties: CANFIELD v. GREAT CAMP OF KNIGHTS OF THE MACCABEES.

49 N.W. 875

87 Mich. 626

CANFIELD v. GREAT CAMP OF KNIGHTS OF THE MACCABEES.

Supreme Court of Michigan

October 9, 1891

Case made from circuit court, Macomb county; ARTHUR L. CANFIELD Judge.

Action by Alice B. Canfield against the Great Camp of the Knights of the Maccabees to recover on an endowment certificate on the death of her husband, who was a member of defendant. Judgment for defendant Plaintiff appeals. Affirmed.

Eldredge & Spier, for appellant.

Markey & Hall, for appellee.

GRANT J.

This case was tried by the court, and the finding contains the following material facts: Defendant is a mutual benefit association incorporated under Act 89, Pub Acts 1883, for the improvement morally, socially, and intellectually of its members, and for the purpose of establishing a benefit fund, from which shall be paid a certain sum to the member, or his widow, or certain other relatives, as he may direct, and as the endowment laws of the order provide. Its constitution provides for a great camp composed of certain officers and one representative from each of the subordinate tents in the state. This great camp meets annually, and its members are selected annually. Three of the principal officers constitute the executive committee. Article 18, � 2, of its laws reads as follows: "The executive committee shall have power to pass on all death claims, and, if in their judgment any such claim is not on its face a valid one, they shall notify the beneficiary or beneficiaries of the deceased members thereof, and give them or their attorneys an opportunity to appear before such committee within sixty days thereafter, and present such evidence as they may have to establish the justness or validity of such claim, and the said committee shall try, hear, and decide upon the justness or validity of such claim, and such decision shall be binding upon such claimant, unless an appeal is taken to the great camp. The notice of the appeal from the decision of the said committee must be filed with the great record keeper within sixty days thereafter. The decision of the great camp, in all such cases, shall be final, and no suit in law or equity shall be commenced or maintained by any member or beneficiary." Plaintiff's husband, now deceased, became a member of the defendant, and received what is termed a "half endowment certificate," which entitled him to receive one assessment on the membership, not exceeding $1,000, as a benefit to his wife, upon satisfactory proof of his death, and the surrender of the certificate, provided he shall have, in every particular, complied with all the rules and...