Eversberg v. Supreme Tent Knights of Maccabees

• Decision Date: 20 November 1903
• Parties: EVERSBERG v. SUPREME TENT KNIGHTS OF MACCABEES OF THE WORLD.<SMALL><SUP>*</SUP></SMALL>
• Court: Texas Court of Appeals

77 S.W. 246

EVERSBERG v. SUPREME TENT KNIGHTS OF MACCABEES OF THE WORLD.^*

Court of Civil Appeals of Texas.

November 20, 1903.

Appeal from District Court, Washington County; Ed. R. Sinks, Judge.

Action by C. R. Eversberg, as guardian of the minor child of E. H. Eversberg, deceased, against the Supreme Tent Knights of the Maccabees of the World. From a judgment granting insufficient relief, plaintiff appeals. Affirmed.

W. C. Henderson, for appellant. W. S. Robson, John T. Duncan, and Duncan, Walters & Lane, for appellee.

PLEASANTS, J.

The appellant, as guardian of the minor children of E. H. Eversberg, deceased, brought this suit to recover upon a benefit certificate for $3,000 issued by appellee to the said E. H. Eversberg on December 18, 1893. The answer of the defendant in the court below admitted all of the material allegations of the petition, but pleaded as a defense that said E. H. Eversberg committed suicide, and that under the law of appellee association, passed prior to the death of said Eversberg, appellee was only liable on said certificate to the extent of double the amount of the assessments which had been paid thereon. This amount was tendered into court by the defendant, and upon a trial of the cause by the court below judgment was rendered for plaintiff for the amount tendered by defendant and in favor of defendant for all costs of suit. From this judgment plaintiff below prosecutes this appeal.

The cause was tried in the court below upon an agreed statement of facts, supplemented by additional evidence introduced by both parties. All of the evidence in the case is undisputed. Under the evidence and agreed facts in the case appellant, as guardian, is entitled to recover the full amount named in the certificate sued on, unless the suicide law pleaded by appellee is applicable to said certificate, in which event the amount recovered in the court below is the measure of appellee's liability. The material facts bearing upon this issue are as follows: The appellee is a fraternal beneficiary association incorporated under the laws of the state of Michigan, and having a permit to do business in the state of Texas. The legislative and governing body of the association is designated in the charter and by-laws as the "Supreme Tent." The subordinate organizations as designated in said by-laws are, "Great Camps," "District Camps," and "Subordinate Tents." All of these subordinate organizations are chartered by the supreme tent. On the 28th day of November, 1893, E. H. Eversberg, who had theretofore applied for and been admitted to membership in Subordinate Tent No. 4 of appellee association, secured a death benefit certificate for $3,000, issued by appellee. This certificate provides that at the death of said Eversberg the sum of $3,000 should be paid by appellee to the beneficiaries named therein, provided said Eversberg "shall have in every particular complied with the laws now in force or that may hereafter be adopted." At the time Eversberg made his application and became a member of the order the by-laws contained this provision: "No benefit shall be paid on account of death the result of suicide within one year after admission, whether the member taking his own life be sane or insane at the time." The application for membership in defendant order, signed by Emil H. Eversberg, contained, among other things, the following: "I hereby declare * * * and I hereby agree that * * * the laws of the Supreme Tent of the Maccabees of the World now in force, or that may hereafter be adopted, shall form the basis of this contract for beneficial membership. * * * I also agree that should I commit suicide within one year from the date of my admission into the order whether sane or insane at the time, that this contract shall be null and void and of no binding force upon the Supreme Tent. * * * This application and the laws of the Supreme Tent now in force or that may hereafter be adopted, are made a part of the contract between myself and the Supreme Tent, and I, for myself and my beneficiary or beneficiaries, agree to conform to and be governed thereby." At a regular meeting of the officers, delegates, and representatives composing the Supreme Tent of the Knights of the Maccabees of the World held in the month of July, 1901, the suicide law of the order was amended so as to read as follows: "No benefit shall be paid on account of the death of a member taking his own life, whether sane or insane at the time: provided that in case of suicide twice the amount of all assessments or monthly rates paid to the Supreme Tent by such member shall be paid back to the beneficiary named in the certificate, or to the person found to be entitled to receive the same, which amount shall not exceed the face of the certificate, and such amount shall be the full amount that can be claimed in any such case." Under the by-laws of the order the supreme tent was given authority to amend or change said by-laws, and the amendment to the by-law on the subject of suicide above set out was regularly passed and adopted by the supreme tent in the manner provided by said by-laws. Under the charter of the association the supreme tent is composed of the supreme officers of the order and of delegates or representatives elected by the several subordinate organizations. At the meeting of the supreme tent at which the suicide law was amended the subordinate tent to which E. H. Eversberg belonged was represented by a duly elected and accredited delegate. E. H. Eversberg committed suicide while suffering from an attack of insanity on the 21st day of May, 1902. It was not shown that Eversberg ever had actual notice of the action of the supreme tent in amending the suicide law. The by-laws of the association made it the duty of the board of trustees, which board was composed of the supreme commander, supreme record keeper, and supreme finance keeper, and two members of the association elected by the supreme tent, to designate some newspaper as the official organ of the supreme tent, and to contract with such publication to mail a copy of every issue of same to each member of the association....