Expressmen's Aid Soc'y v. LeWis

• Decision Date: 07 December 1880
• Citation: 9 Mo.App. 412
• Parties: EXPRESSMEN'S AID SOCIETY v. M. D. LEWIS, ADMINISTRATOR, Appellant, AND JOHN R. FARRAR, ADMINISTRATOR, Respondent.
• Court: Missouri Court of Appeals

9 Mo.App. 412

EXPRESSMEN'S AID SOCIETY

v.M. D. LEWIS, ADMINISTRATOR, Appellant, AND JOHN R. FARRAR, ADMINISTRATOR, Respondent.

St. Louis Court of Appeals, Missouri.

Dec. 7, 1880.

Where a member of a mutual aid society nominates his wife to receive, at his death, the benefits accruing, under the charter, to his legal representatives if he survives her, his legal representatives will take as against hers.

APPEAL from the St. Louis Circuit Court, THAYER, J.

Affirmed.

GIVEN CAMPBELL and GEORGE A. CASTLEMAN, for the appellant: The contract under consideration is one of life insurance.-- The Commonwealth v. Weatherbee, 105 Mass. 149; Henning v. Insurance Co., 47 Mo. 426; Kelsoll v. Tyler, 11 Exch. 513; Schenck's Case, 44 Wis. 372; Commercial League v. The People, 90 Ill. 166; The State ex rel. v. Citizens' Benefit Assn., 6 Mo. App. 163. In such a case, the policy vests in the beneficiary named; and upon the death of the insured, though subsequent to that of the beneficiary, the latter's administrator takes the fund.-- Phœnix Ins. Co. v. Dunham, 46 Conn. 79; Gould v. Emmerson, 99 Mass. 154; Succession of Kugler, 23 La. An. 455; Ruppert v. Union Mutual Ins. Co., 7 Robt. 156; Fraternal Mutual Life Ins. Co. v. Applegate, 7 Ohio St. 296.

LYNE S. METCALFE and PATRICK & FRANK, for the respondent: The constitution and by-laws of benefit associations constitute a contract between the association and its members.-- Gundelach v. Association, 49 How. Pr. 192; Dietrich v. Association, 45 Wis. 83. The constitution and by-laws of this society having provided that the fund should be paid to the legal representatives of a deceased member, upon the death of the beneficiary named, prior to the death of the member, the latter's representatives take.-- Fry v. Chicago, 73 Ill. 99; Allen v. Mutual Ins. Co., 2 Md. 111: United States v. Warner, 4 McLean, 463; Woodbury v. Berry, 18 Ohio St. 456; Tynan v. Walker, 35 Cal. 634; Alexander v. Worthington, 5 Md. 671; The State ex rel. v. Missouri Life Ins. Co., 44 Mo. 283; Swift v. Luce, 27 Me. 286; Bartlett v. Morris, 9 Port. 266; Cantwell v. Owens, 14 Md. 215.

W. S. STEWART, for the respondent: The beneficiary named, having died before the insured, and the by-laws of the society having provided that the fund should be paid to the legal representatives of the deceased member, the contingent right arising from such nomination did not pass to the heirs of the person so named as beneficiary.-- Mutual Ins. Co. v. Atwood, 24 Gratt. 508; Gambs v. Insurance Co., 50 Mo. 44; Kernan v. Howard, 23 Wis. 108.

BAKEWELL, J., delivered the opinion of the court.

This is a bill of interpleader filed by a benefit society to determine which of two claimants is entitled to a fund payable by the society on the death of a member. The claimants are the administrator of the deceased member and the administrator of his deceased wife. The case was tried upon an agreed statement of facts, and the finding of the trial court was in favor of the representatives of the deceased member and against the claim of the representatives of his wife.

The Expressmen's Aid Society is a voluntary association. Its objects are declared in its constitution to be “the accumulation of a fund to be paid to the legal representatives of a member at his death, or in case of total permanent disability.” The officers are a president, etc., with an executive committee of members. The memberships are divided into classes, each class having a local secretary, who collects funds from the members. The by-laws provide that any healthy employee of a responsible express company, if of good character, may become a member, on application and presenting the proper certificates. The member is entitled to a certificate stating to whom the amount in the fund shall be paid at death or disability of the member, and the beneficiary elected by the member can be changed only on application to the secretary, and surrender of the certificate; a new certificate is then issued. In the event of the death of a member who has failed to elect to whom the fund shall be paid, the fund shall be held for the action of the executive committee in determining who are the legal representatives of the deceased. In case of total disability of a member, the executive committee has power to direct the treasurer to set aside the amount in the fund to the credit of the legal representatives of the disabled member. If the executive committee fail to find any legal representatives, the fund reverts to the society and is disposed of at the next annual meeting. On receiving notice of the death of a member, the secretary collects an assessment from his class, to be forwarded to the treasurer for a new fund. This assessment is $2 for each member of class A, and $1 for each member of class B. If there is no fund on hand, the assessment is made to pay the death claim.

Charles Wilby was an employee of the Adams Express Company, residing in St. Louis. He became a member of the Expressmen's Aid Society on March 5, 1875. On becoming a member, he gave the name of his wife, Margaret Wilby, as the person he designated to receive the benefits in case of his death, and received a certificate from the society stating that he had become a member, and that the benefits were payable to Margaret Wilby. In April, 1878, Margaret Wilby died. She never had any children. In October, 1878, Charles Wilby died, in good standing with...