Dietrich v. Nat'l Camp, Patriotic Order of Am.

• Citation: 143 A. 77
• Parties: DIETRICH v. NATIONAL CAMP, PATRIOTIC ORDER OF AMERICA.
• Decision Date: 21 April 1928
• Court: New Jersey Circuit Court

143 A. 77

DIETRICH

v. NATIONAL CAMP, PATRIOTIC ORDER OF AMERICA.

Circuit Court of New Jersey, Camden County.

April 21, 1928.

Action at law by Levi B. Dietrich, administrator of the estate of Mary A. Dietrich, deceased, against the National Camp, Patriotic Order of America, a corporation. On defendant's motion for nonsuit. Motion denied.

Joseph C. Haines, of Camden, for plaintiff.

Waddington & Mathews and Frank A

Mathews, Jr., both of Camden, for defendant.

DONGES, J. This case was tried some months ago with a jury, and a motion to nonsuit was held to afford counsel opportunity for investigation and more exhaustive argument than was possible at the time of trial. Briefs and oral argument have been submitted, so that the matter is now ready for disposition by me.

The facts are that Mary A. Dietrich was a member of Camp No. 98, Patriotic Order of America, a subordinate organization of the defendant. She died on June 10, 1917. She was enrolled in the funeral benefit fund of the defendant. This fund was maintained to pay funeral benefits upon the death of members of subordinate camps who were in good standiing in the subordinate camp and who were enrolled in the funeral fund, for which certain sums were payable monthly to the defendant. As stated, the decedent, Mary A. Dietrich, died on June 10, 1917, and there is testimony from which it can be found that she was in good standing at the time of her death. On July 21, 1917, a check was issued by the defendant, after proof of death in accordance with its laws, in payment of the amount of the benefit payable upon the death of said member, which check was sent to the treasurer of the deceased member's camp. The check was never turned over to plaintiff. Summons in this ease issued June 29, 1923, more than six years after the death of said member, but less than six years after the time of issuing said check in payment of the funeral benefit.

Defendant raises three grounds for nonsuit: First, that it does not appear that plaintiff has a right to bring the suit; second, plaintiff has shown no breach of the contract on the part of the defendant; and, third, that the action is barred by the statute of limitations.

1, I am of the opinion that this suit may be maintained by the plaintiff. If the contract is one between the National Camp and the subordinate camp, it is clearly for the benefit of the member and for those to whom the benefit is payable after the death of a member. Pamph. L. 1903, p. 541; Comp. Stat. p. 4059.

2. The second ground involves a question of whether payment to the treasurer of the local camp is payment of the amount due to the "widow, executors, administrators, assignees, or legatees of the deceased." Section 1, art. 6, of the laws of the funeral benefit fund (Exhibit P2) provides that—

"Upon the death of a member enrolled in this fund, the secretary of the camp to which the deceased belonged shall forward to the National Secretary proofs of said death, on the forms prescribed by the National Executive Committee. Said forms will be furnished on application.

"Upon receipt of which, the...