Christenson v. El Riad Temple

• Decision Date: 04 March 1916
• Docket Number: No. 3874.,3874.
• Citation: 156 N.W. 581,37 S.D. 68
• Parties: CHRISTENSON et al. v. EL RIAD TEMPLE, ANCIENT ARABIC ORDER NOBLES OF MYSTIC SHRINE OF SIOUX FALLS, et al.
• Court: South Dakota Supreme Court

37 S.D. 68

156 N.W. 581

CHRISTENSON et al.

v.EL RIAD TEMPLE, ANCIENT ARABIC ORDER NOBLES OF MYSTIC SHRINE OF SIOUX FALLS, et al.

No. 3874.^*

Supreme Court of South Dakota.

March 4, 1916.

Appeal from Circuit Court, Minnehaha County; Joseph W. Jones, Judge.

Action by William L. Christenson and others against El Riad Temple, Ancient Arabic Order Nobles of the Mystic Shrine of Sioux Falls, S. D., and Mary Madson. From a judgment for the latter, the principal defendant having paid the money into court, plaintiffs appeal. Affirmed.Edward E. Wagner, of Sioux Falls, for appellants.

Martin Bergh, of Sioux Falls, and Grotte & Bowen, of Minneapolis, Minn., for respondents.

McCOY, J.

This action was brought by plaintiffs, as the children and heirs of one James P. Christenson, deceased, against defendants, El Riad Temple of the Mystic Shrine of Sioux Falls and Mary Madson, to recover on a membership certificate of mutual insurance issued by El Riad Temple Widows' and Orphans' Fund to said James P. Christenson. The plaintiffs and defendant Mary Madson claim to be entitled to the proceeds of such certificate. The amount due under the certificate was paid into court by El Riad Temple, to be thereafter delivered and paid over to which of said parties the court should adjudge entitled thereto. The learned trial court found and adjudged in favor of defendant Mary Madson, and plaintiffs appeal.

The facts material to a disposition of this controversy are these: In the year 1909 James P. Christenson, who was unmarried, caused and procured the El Riad Temple Widows' and Orphans' Fund to issue to him the mutual life insurance certificate in question, with defendant Mary Madson, also unmarried, named and designated therein as the beneficiary. Some time prior to the issuance of said certificate Christenson had been divorced from his wife, the mother of plaintiffs. There was no relationship existing between Christenson and Mary Madson other than that of friendship, and that they were betrothed and engaged to be married at some future time. In June, 1912, Christenson made and executed a will by the terms of which he bequeathed to said Mary Madson, as legatee, the proceeds of said policy or certificate upon his life, referring to her as the beneficiary therein mentioned. James P. Christenson died in December, 1912. The El Riad Temple Widows' and Orphans' Fund is a mutual assessment insurance association, organized and existing under and by virtue of the laws of the state of South Dakota.

[1][2] Section 712, Civil Code, among other things, provides that no association organized or operating under this statute shall issue any certificate of membership or policy to any person unless the beneficiary shall be husband, wife, relative, legal representative, heir, or legatee of such insured member, and any certificate issued in violation of this section shall be void. These provisions of this statute law were as much a part of said certificate as if written therein, and no stipulation...