Freckmann v. Arcanum

• Decision Date: 30 April 1897
• Citation: Freckmann v. Arcanum, 96 Wis. 133, 70 N.W. 1113 (Wis. 1897)
• Parties: FRECKMANN v. SUPREME COUNCIL OF ROYAL ARCANUM.
• Writing for the Court: WINSLOW
• Court: Wisconsin Supreme Court

96 Wis. 133

70 N.W. 1113

FRECKMANN

v.SUPREME COUNCIL OF ROYAL ARCANUM.

Supreme Court of Wisconsin.

April 30, 1897.

Appeal from superior court, Milwaukee county; R. N. Austin, Judge.

Action by Helen D. Freckmann against the Supreme Council of the Royal Arcanum to recover on a benefit certificate. From a judgment entered on a verdict directed for plaintiff, defendant appeals. Reversed.

On the 11th of August, 1892, John Henry Freckmann joined a subordinate council of the Royal Arcanum, and received a benefit certificate for the sum of $1,500, payable in case of his death to his wife (plaintiff here), provided “that said member is in good standing in this order at the time of his death.” One of the by-laws of the defendant, which became a part of the contract, is as follows: “Sec. 473. Each member shall pay the amount due on the notice of the collector within 30 days from the date of such notice, and any member failing to pay such assessment within said thirty days shall stand suspended from the order and all benefits therefrom.” On the 1st of November, 1893, an assessment was levied on the members of the order, and due notice was given to Freckmann to pay it. He did not pay it at any time. Freckmann became treasurer of his council in February, 1893, and in November, 1893, was tried before a committee of the council upon charge of defalcation, and on the 28th of said month was found guilty, and expelled from the order. On the 8th day of December, 1893, Freckmann died. A verdict for the plaintiff for the full amount of the benefit certificate and interest was directed, and from judgment thereon the defendant appealed.Colman & Sutherland, for appellant.

M. N. Land, for respondent.

WINSLOW, J....