Evans v. Southern Tier Masonic Relief Ass'n

• Decision Date: 03 October 1905
• Citation: 75 N.E. 317,182 N.Y. 453
• Parties: EVANS v. SOUTHERN TIER MASONIC RELIEF ASS'N.
• Court: New York Court of Appeals Court of Appeals

182 N.Y. 453

75 N.E. 317

EVANS

v.SOUTHERN TIER MASONIC RELIEF ASS'N.

Court of Appeals of New York.

Oct. 3, 1905.

Appeal from Supreme Court, Appellate Division, Third Department.

Action by Martha Evans, administratrix of Eliza J. Evans, against the Southern Tier Masonic Relief Association. From a judgment of the Appellate Division (88 N. Y. Supp. 162,94 App. Div. 541), affirming a judgment for plaintiff, both parties appeal. Reversed.

E. J. Baldwin, for appellant.

Frederick Collin, for respondent.

HAIGHT, J.

This action was brought to recover the sum of $1,000, which it is alleged became due and owing to Eliza J. Evans upon the death of her husband, John J. Evans, under a certificate of membership issued to him by the defendant. The certificate was issued under date of July 13, 1885, in favor of Eliza J. Evans, wife, No. 3,589, amount $1,000, and certifies that ‘John J. Evans of Bethel, Conn., is a member of the Southern Tier Masonic Relief Association of the State of New York, and is entitled to all its rights, privileges, and benefits, and subject to the laws, rules, and regulations governing said association.’ At the time Evans joined the association he signed an application for membership, in which he agreed to make punctual payment of all the dues and assessments for which he may become liable, and to conform in all respects to the by-laws, rules, and regulations of the association then in force or which may hereafter be adopted by its board of directors. Under the by-laws then in force there were three classes of membership, and upon the death of a member of the class which Evans joined he became liable to an assessment for $1, and in case of his own death his widow became entitled to have a like assessment imposed upon the members of that class and to receive the same, but not to exceed the amount specified in the certificate. In January, 1886, the by-laws were amended, so that all three classes were consolidated into one class and the assessment thereafter to be paid upon the death of a member was graded according to the age of the member paying the same, and under the table of rates then adopted Evans was still required to pay $1, upon the decease of each member of the association. Other amendments were adopted in January, 1892, November, 1892, and March, 1893, by which members of Evans' age were finally required to pay $2.40 per month, but distribution should be made only every other month of the dues received, and that out of such assessment there should first be paid, in full, the death claims of new members who had joined after the amendment of 1892, and the balance distributed pro rata among the representatives of deceased members, but not to exceed the amount designated in their certificate of membership. Evans fully performed all of the obligations imposed upon him and paid all his assessments that had matured and become due and payable down to the date of his death, which occurred on the 16th day of November, 1895. On the 10th day of December thereafter a notice of assessment was served upon the members of the association liable to contribute to the death fund, of which Evans was the only person named whose death had been reported. On the 10th day of January following, another notice of assessment was ordered in which the names of eleven members are reported to have died. Upon these assessments the amount of $21,500 was due, but only the sum of $8,544.01 was received. Out of this was deducted the sum of $1,212.78, expenses of the association, and the sum of $500, the claim of Emil Krume, who became a member on the 11th day of November, 1895, and had died shortly thereafter, and the balance was distributed among the representatives of the remaining deceased members, and under that distribution the plaintiff became entitled to the sum of $340.98 only, for which sum she was awarded damages.

It is now contended that Mrs. Evans, as the widow of a deceased member and the person for whose benefit the certificate was issued, had acquired a vested right of which she could not be deprived by the subsequent amendments of the defendant's by-laws, under the authority of Beach v. Supreme Tent of the Knights of the Maccabees, 177 N. Y. 100, 69 N. E. 281. The opinion in that case received the approval of all of the members of this court except myself. I entertained the view that under the contract entered into in that case the right to amend the by-laws was reserved, and the certificate holder, or those for whose benefit he procured the same, did not acquire an absolute vested right under existing by-laws, but that they were subject to the reasonable amendments that should thereafter be found necessary and proper. But a contrary view was adopted by my associates, and it therefore becomes my duty to submit to the views of the majority. The question now raised is...