Fletcher v. Supreme Lodge Knights and Ladies of Honor

• Decision Date: 18 February 1911
• Parties: FLETCHER v. SUPREME LODGE KNIGHTS AND LADIES OF HONOR.
• Court: Texas Court of Appeals

135 S.W. 201

FLETCHER v. SUPREME LODGE KNIGHTS AND LADIES OF HONOR.

Court of Civil Appeals of Texas.

February 18, 1911.

Appeal from Henderson County Court; John S. Prince, Judge.

Action by Lillie R. Fletcher against the Supreme Lodge Knights and Ladies of Honor. Judgment for defendant, and plaintiff appeals. Affirmed.

Miller & Royall and W. R. Bishop, for appellant. Locke & Locke, for appellee.

RAINEY, C. J.

This is a suit by appellant to recover of the appellee one-third the amount of a benefit certificate issued in favor of her husband, H. C. Fletcher.

On May 31, 1909, H. C. Fletcher became a member of the order of Knights and Ladies of Honor; he having up to that time complied with all the conditions requisite to that end. His wife, the appellant, was named as his beneficiary in the certificate to which he was entitled. Said certificate was for $1,000 and contained a provision that in case of his death within 12 months, the beneficiary would be entitled to one-third of said amount.

The application for membership made by H. C. Fletcher contained the following provisions: "I further agree, if accepted as a member of the order, to faithfully abide by all provisions of the constitution and laws of the order now in force or that may be hereafter enacted for the government of the order, and which are made a part of this application. I further agree that the relief fund certificate hereinafter issued to me shall have no binding force whatever unless I contribute my share and proportion to the relief fund when due, in accordance with the constitution and laws of the order; and if I fail to pay all assessments and charges due from me by the last day of each month, I shall stand suspended from the order as provided by its laws, without any notice, and neither myself nor my beneficiary or beneficiaries shall thereafter be entitled to any rights and benefits of the order until I am duly re-instated, as provided by the laws of the order, and I sign this application with full knowledge of the above restrictions and conditions."

The benefit certificate contained the following: "This relief fund certificate shall have no force whatever unless the member shall strictly comply with the constitution and laws of the order now in force or that may hereafter be enacted, and which are made a part of this certificate." On the back of said certificate was indorsed: "First. One assessment must be paid each month by every relief fund member without notice. Second. Assessments are made on the first of each month, and members failing to pay the same on or before the expiration of the last day of the month stand suspended from the order without notice." "Fourth. While under suspension a member's relief fund certificate is void, and in case of his or her death while under suspension the beneficiary will not be entitled to the benefits of the order."

And the constitution and laws of the order provide:

"Sec. 4. Applicants for relief fund membership, after approval by the Supreme Medical Examiner, and upon presenting themselves to receive the degree, shall pay to the financial secretary, on account of the relief fund, the initial assessment provided for in the following table, according to the age of said applicant at nearest birthday at date of admission, and the same amount on each assessment thereafter. * * * All applicants for relief fund membership shall be liable for the assessment levied for the month during which they are initiated.

"Sec. 5. Subordinate lodges may at their option, notify members of assessments. But neither the giving of nor the failure to give such notice...