Dusseault v. Ass'n Canado-Americaine

• Decision Date: 03 December 1907
• Citation: 68 A. 461,74 N.H. 407
• Parties: DUSSEAULT et al. v. ASSOCIATION CANADO-AMERICAINE.
• Court: New Hampshire Supreme Court

68 A. 461

74 N.H. 407

DUSSEAULT et al.

v. ASSOCIATION CANADO-AMERICAINE.

Supreme Court of New Hampshire. Hillsborough.

Dec. 3, 1907.

Exceptions from Superior Court, Hillsborough County; Peaslee, Judge.

Action by Adele Dusseault and another against the Association Canado-Americaine. Judgment for plaintiffs granting insufficient relief, and they bring exceptions. Exceptions overruled.

The defendant corporation is a mutual benefit and fraternal order. Under the constitution in force in 1899 its membership was limited to French-Canadian Catholics between 18 and 50 years of age at the date of initiation. One of its objects was to establish a benefit fund, from which might be paid to the duly authorized appointee a sum not exceeding $1,000 upon the death of a member. The fund was to be created by each member paying $1 on his admission to the association, and renewing the same upon the death of each of his fellows. The payment at each death was fixed at $1 until the number of persons insured exceeded 1,000, when the payment by each member was to be proportional to the surplus. There were four classes of members. After the membership reached 1,000 there was no provision under the constitution of 1899 for the payment of a smaler death benefit than $1,000. At the date of the death of Alfred Dusseault the membership was over 9,000. The executive powers of the association were vested in a High Court, composed of 10 members, which had the right to admit to the association "societies already existing," and to fix the "price of admission" in such cases. On November 16, 1899, Dusseault was a member of a local society in Franklin, composed of 78 members. Prior to that date one Francour, an organizer duly appointed by the High Court, had proposed that the Franklin society join the defendant association as a subordinate court. At a meeting of the Franklin society, held September 20, 1899, the organizer stated that all members of the society over 55 years old would be required to pay the regular death assessments, and would be entitled to a death benefit of only $500. The society voted to join the association, was admitted as a subordinate lodge on November 16, 1899, and its members became members of the association, their names being entered upon the books of the High Court at Manchester. Although Dusseault's name was entered in "Class A, $1,000," the certificate issued to him on December 29, 1899, called for the payment of $500 to the beneficiary, Adele Dusseault, in the event of his death. Dusseault regularly paid the death assessments and contributions for sick benefits required...