Early v. Knights of the Maccabees of the World

• Decision Date: 02 April 1932
• Docket Number: No. 29778.,29778.
• Parties: EARLY v. KNIGHTS OF THE MACCABEES OF THE WORLD.
• Court: Missouri Supreme Court

48 S.W.2d 890

EARLY v. KNIGHTS OF THE MACCABEES OF THE WORLD.

No. 29778.

Supreme Court of Missouri, Division No. 1.

April 2, 1932.

Appeal from Circuit Court, Boone County; David H. Harris, Judge.

Suit by Charles H. Early against the Knights of the Maccabees of the World. From a judgment in favor of plaintiff, defendant appeals.

Transferred to the Court of Appeals.

Charles B. Williams, of St. Louis, and John B. McIlwain, of Port Huron, Mich., for appellant.

Don C. Carter, of Sturgeon, for respondent.

GANTT, P. J.

Plaintiff seeks to recover certain assessments of money paid by him to defendant association. Judgment for plaintiff for $524.60. Defendant appealed.

On February 11, 1889, defendant, a fraternal beneficiary association organized under the laws of Michigan, issued to plaintiff an endowment certificate of membership. Thereby it agreed to pay $2,000 to plaintiff's beneficiary upon the death of plaintiff, and further agreed as follows: "In case of permanent and total disability, or upon attaining the age of 70 years, he will be entitled to receive such part of said endowment as provided in the laws of the order."

At said time the laws of said association provided as follows: "Sec. 13. A total and permanent disability to direct or perform any kind of labor or business, or upon reaching the age of 70 years, shall entitle a member holding a certificate of endowment, so disabled or aged, to the payment of one-half of the endowment to which he would be entitled at death, * * * From the date of such payment (disability benefit) such member shall only pay pro rata, or one-half as much at each assessment as prior thereto. On the death of such member, his heirs or assigns shall receive his endowment, less the amount which may have been paid as provided above. * * *"

In July, 1904, this section, as amended, provided that a member receiving disability benefits should pay full monthly assessments, and that, upon the payment of full monthly assessments, he would receive one-tenth part of the endowment paid to him quarterly, but that the aggregate of such installments should not exceed the amount named in the certificate. It was further provided that upon the death of the insured the endowment would be paid to the beneficiary, less amounts paid to insured under the disability clause of the certificate.

On April 29, 1922, plaintiff made application to defendant for disability benefits. On May 8, 1922, the application was approved and a disability certificate issued and delivered to plaintiff. Thereafter plaintiff paid full assessments to defendant until February 1, 1928. At that time he demanded of defendant the money paid on assessments after the issuance and delivery to him of the disability certificate. Defendant refused to return the money, and plaintiff instituted this suit.

Plaintiff contended that the laws of 1887 of the association which were in effect on the date of the issuance of the original membership certificate determined the authority of defendant to collect from plaintiff assessments after the issuance to him of the disability certificate. Defendant contended that the amended laws of 1904 of the association determined the question. The court, without the aid of a jury, sustained the contention of plaintiff. It found...