Grand Lodge A. O. U. W. v. Brand
| Decision Date | 20 May 1890 |
| Citation | 46 N.W. 95,29 Neb. 644 |
| Parties | GRAND LODGE A. O. U. W. v. BRAND. |
| Court | Nebraska Supreme Court |
OPINION TEXT STARTS HERE
Syllabus by the Court.
1. One B., a resident of N. City, in 1883 was initiated as a member of the order of A. O. U. W., and thereafter paid the dues and assessments made upon him until October 29, 1886. A certificate was issued to him as a member of the order, which provided that he was The principal defense was that for several years before his death he was addicted to the excessive use of intoxicating liquors. Held, (1) the testimony upon that point being conflicting, that the jury would be justified in finding that he did not use liquor to excess; (2) that, even if the finding had been that he was addicted to the excessive use of such liquor, still, as no objection was made during his life-time on that or any other ground, and there having been no forfeiture, the objection could not be made after his death to defeat the obligation of the order.
2. Evidence held to sustain the verdict.
3. No error in the instructions.
4. On the facts stated, held, that B. was excused from the payment of dues during his illness, and that there was no forfeiture of the certificate.
Error to district court, Otoe county; CHAPMAN, Judge.Billingsley & Woodward and Frank T. Ransom, for plaintiff in error.
Edwin F. Warren, John C. Watson, and Geo. D. Scofield, for defendant in error.
This is an action upon a certificate of life insurance issued by the plaintiff in error, as follows:
“The Grand Lodge of the Ancient Order of United Workmen.
This certificate, issued by the authority of the Supreme Lodge of the Ancient Order of United Workmen, witnesseth, that Brother Joseph Brand, a master workman degree member of Otoe Lodge, No. 13, of said order, located at Nebraska City, in the state of Nebraska, is entitled to all the rights and privileges of membership in the Ancient Order of United Workmen, and to participate in the beneficiary fund of the order to the amount of two thousand dollars, which sum shall at his death be paid to his wife, Mary Brand.
This certificate is issued upon the express condition that said Joseph Brand shall in every particular, while a member of said order, comply with all the laws, rules, and requirements thereof.
+-----------------------------+
¦(¦Grand Lodge of Missouri. ¦)¦
+-+-------------------------+-¦
¦(¦Seal of Grand Lodge, ¦)¦
+-+-------------------------+-¦
¦(¦A. O. U. W. ¦)¦
+-+-------------------------+-¦
¦(¦United we stand, divided ¦)¦
+-+-------------------------+-¦
¦(¦we fall. ¦)¦
+-+-------------------------+-¦
¦(¦Instituted 25th of ¦)¦
+-+-------------------------+-¦
¦(¦April, 1876. ¦)¦
+-----------------------------+
In witness whereof the Grand Lodge of Missouri has caused this to be signed by its grand master workman and recorder, and the seal thereof to be attached, this 8th day of August, 1883.
H. L. ROGERS,
Grand Master Workman.
Attest: W. C. RICHARDSON,
Grand Recorder.
We, the undersigned, master workman and recorder of Otoe Lodge, No. 13, do hereby countersign this certificate, and attach the seal of this lodge hereto, rendering the same valid and in force, this 20th day of September, 1883.
Master Workman.
Attest: F. MUTTON,
Recorder.”
On the trial of the cause the jury returned a verdict in favor of the defendant in error for the sum of $2,231.39, and, a motion for a new trial having been overruled, judgment was rendered on the verdict. A large number of defenses are set up in the answer, but three of which seem to be relied upon, viz., that Brand was addicted to the excessive use of in toxicating liquors, that he was in default in his dues and assessments, and that the lodge had suspended him.
In the preamble to the constitution of the order, which is attached to the petition as an exhibit, the objects of the organization are stated to be that, ...
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Whigham v. Supreme Court I.O.F.
...293; Grand Lodge A.O.U.W. v. Lachmann, 199 Ill. 140, 64 N.E. 1022; Schlosser v. Grand Lodge, 94 Md. 362, 50 A. 1048; Grand Lodge v. Brand, 29 Neb. 645, 46 N.W. 95; Bragaw v. Supreme Lodge, 128 N.C. 354, 38 S.E. 54 L.R.A. 602. And if, with full knowledge of an applicant's false answers or st......
- Grand Lodge A. O. U. W. v. Brand