Hahn v. Supreme Lodge of the Pathfinder

• Decision Date: 17 February 1910
• Citation: 136 Ky. 823,125 S.W. 259
• Parties: HAHN v. SUPREME LODGE OF THE PATHFINDER.
• Court: Kentucky Court of Appeals

125 S.W. 259

136 Ky. 823

HAHN v. SUPREME LODGE OF THE PATHFINDER.

Court of Appeals of Kentucky.

February 17, 1910

Appeal from Circuit Court, Jefferson County, Chancery Branch, First Division.

"To be officially reported."

Action by the Supreme Lodge of the Pathfinder against Mattie E Hahn. From a judgment dismissing the defendant's answer counterclaim, and cross-petition, she appeals. Affirmed.

L. A Hickman, Hickman & Watkins, Boyce Watkins, and L. F. Withers, for appellant.

Edwards, Ogden & Peak, for appellee.

CLAY C.

Isaiah Hahn, a resident of Jefferson county, Ky. was a beneficial member of the Bankers' Fraternal Union, a fraternal society. The latter issued to him a certificate of insurance, in which the appellant, Mattie E. Hahn, was named as beneficiary. Isaiah Hahn was also a beneficial member of the Supreme Lodge of the Pathfinder, likewise a fraternal society which insured its members. The latter issued to him an insurance certificate, wherein the appellant, Mattie E. Hahn, was named as beneficiary. Thereafter, by proper proceedings had, the Bankers' Fraternal Union was consolidated with the Supreme Lodge of the Pathfinder. From that time on payment of the dues was made to the latter. Under the constitution and laws of these fraternal orders payment of death benefits were made to the family, heirs, blood relatives, affianced husband or affianced wife, or to persons dependent upon the member. It was further provided that a member in good standing might at any time change the beneficiary by making application to the Supreme Secretary through the collector of the subordinate lodge, upon blanks furnished for that purpose, and upon paying therefor a fee of 50 cents, which should accompany the application. In the month of February, 1907, and about six months prior to his death, Isaiah Hahn elected to change, and did change, the beneficiary named in the two certificates above referred to. The beneficiary named in the certificate issued by the Bankers' Fraternal Union was changed from Mattie E. Hahn, his wife, to his daughter, Mollie Hahn. The beneficiary named in the certificate issued by the Supreme Lodge of the Pathfinder was changed from Mattie E. Hahn to his brother, Norman S. Hahn. This action was instituted by the Supreme Lodge of the Pathfinder against Mattie E. Hahn, Norman S. Hahn, and Mollie Hahn. The petition sets forth the certificates and the change of the beneficiaries. It further avers that proofs of the death of Isaiah Hahn, which took place in the month of August, 1907, had been made by Mattie E. Hahn, and also by Norman S. Hahn and Mollie Hahn, and that Mattie E. Hahn was claiming to be entitled to the proceeds of the two certificates in which she was originally named as beneficiary, and that Norman S. Hahn and Mollie Hahn were also claiming to be entitled to the proceeds of the certificates in which they were named as beneficiaries. The action was brought for the purpose of having the court adjudge to whom the money should be paid. In the petition was an offer to pay the money into court. The petition concluded with a prayer that the conflicting claimants be required to answer and assert their respective claims to the funds in question. To this petition Mattie E. Hahn filed an answer, counterclaim, and cross-petition. After denying certain allegations contained in the petition, she affirmatively alleged that she was entitled to the proceeds of the two certificates originally issued, and in which she was named as beneficiary. She further pleaded, by way of cross-petition against Norman S. Hahn and Mollie Hahn, that the change in the beneficiaries and the issuance of the new certificates was not only obtained by undue influence and fraud, but that the act itself was in fraud of her marital rights. There was a further plea to the effect that she made payments on the certificates in which she was named as beneficiary after the alleged change was made. All the allegations thus made were denied by appropriate pleadings. Thereafter it appears that the Supreme Lodge of the Pathfinder was ruled to show cause why it should not pay the funds into court. To this rule a response was filed, which was deemed insufficient. Thereafter the rule was made absolute, and the Supreme Lodge of the Pathfinder directed to pay the funds into court. Subsequently Mattie E. Hahn moved the court for judgment on her counterclaim against the Supreme Lodge of the Pathfinder in the sum of $2,000, with interest, upon the face of the pleadings. The action being submitted upon this motion, the motion was overruled. Thereupon judgment was entered dismissing Mattie E. Hahn's answer, counterclaim, and cross-petition. From that judgment this appeal is prosecuted.

It is first urged by counsel for appellant that the action of the chancellor in dismissing her answer, counterclaim, and cross-petition was premature, for the reason that there was no intention on appellant's part to submit the whole case. Inasmuch, however, as the Supreme Lodge of the Pathfinder sought the aid and advice of the chancellor as to which...