Iowa State Traveling Men's Ass'n v. Moore

• Decision Date: 04 May 1896
• Docket Number: 236.
• Parties: IOWA STATE TRAVELING MEN'S ASS'N v. MOORE.
• Court: U.S. Court of Appeals — Seventh Circuit

73 F. 750

IOWA STATE TRAVELING MEN'S ASS'N v. MOORE.

No. 236.

United States Court of Appeals, Seventh Circuit.

May 4, 1896

The Iowa Traveling Men's Association, plaintiff in error, is an association incorporated under the laws of Iowa, 'for the purpose of rendering pecuniary assistance to its members as may be provided by its by-laws and certificates of membership,' and for the purpose of raising funds by assessments on its members, to be paid to the appointees named in the applications for membership. Said association was empowered, by its articles of incorporation, 'to establish by-laws and make all rules and regulations deemed expedient for the management of its affairs. ' Pursuant to this authority, it had for its government, and for the expression of rights and obligations as between itself and any member or person named as beneficiary by any member, a constitution and by-laws. Section 2, 3, and 4 of article 2 of its constitution are as follows:

'Sec 2. All applications for membership shall be referred to the board of directors, who shall require such proofs as to them may seem proper, as to the applicant's qualifications and eligibility.

'Sec. 3. All applications for membership must be accompanied by two dollars ($2.00) as a membership fee, and two dollars ($2.00) for first assessment, which fees will be returned in case the applicant is rejected.

'Sec. 4. Each member of this association shall receive a certificate of membership, and also a traveling card, bearing the autograph of the president and secretary of the association.'

Section 3 of article 5 is as follows:

'Sec. 3. Upon receiving notice of an assessment, it is the duty of each member to remit the amount promptly to the treasurer of the association. A notice sent to the last address given shall be considered a legal notification. Any member who shall not remit the amount of his assessment within thirty days from the day of notice forfeits his membership, and his name shall be stricken from the roll by the secretary, unless the board of directors extend the time fifteen days, at their option, after which fifteen days all his rights of every kind are forfeited; but any such person may again become a member, upon payment of all dues and assessments, subject, however, to the approval of the board of directors.'

Sections 1 and 5 of article 6 are as follows:

'Sec. 1. Whenever the death of a member of this association, in good standing, shall occur from an accidental cause (except while said member shall be under the influence of intoxication liquors of narcotics), and suitable proofs of the same shall be furnished the board of directors, they shall order an assessment to be made from all members of this association of $2 apiece, and the amount of assessment, not exceeding the sum of $5,000, shall be paid to the beneficiary named in the certificate of such deceased member, or to his heirs or legal representatives, in full satisfaction of said claim: provided, that if, when a death occurs as aforesaid, the sum of money in the treasury of the association, not otherwise appropriated shall exceed the sum of $5,500, then such loss shall be paid out of the treasury, not to exceed $5,000. But no claim for death loss shall be made against the association after six months from the time the deceased member is known to have died. Neither shall any claim for a death loss be made against this association after the expiration of eighteen months from the date of accident, it being the intention that the liability of this association shall cease after eighteen months from the date of accident, and shall not, in case of any loss, exceed the sum of $5,000; and, in case of a death claim arising under any certificate of membership, any sum of sums previously paid as indemnity within twelve months after the accident shall be deducted from the principal sum granted in case of death.'

'Sec. 5. The board of directors may order an assessment of not over two dollars ($2.00) for each member of the association, for funds, when needed.'

Section 1 of article 1 of the by-laws is as follows:

'Every application for membership shall be in such form and manner as the board of directors shall prescribe, and shall set forth, over the signature (in his own handwriting) of the applicant, as follows: His full name, place of residence, and post-office address; address and business of the firm he represents or of which he is a member, and in what capacity he is employed; also the full name and address of the person or persons to whom he desires, in case of decease, by accident or accidental causes, to have his death loss paid; the relation such person or persons sustain to himself, together with answers to such other questions, bearing upon the identification of such persons as may be propounded-- and his application must be signed by two members of the association.' In conformity with the by-laws as last recited, John H. Moore on September 30, 1891, presented to said association the following application for membership:

'Application.

'Iowa State Traveling Men's Association.

'$25 Weekly Indemnity for Twenty-Six Weeks in Case of Total Disability.

'Please fill in this blank, inclose $2, and forward to O. W. Hazard, treasurer, Des Moines, Iowa, or F. E. Haley, Secretary, Des Moines, Iowa.

'Give full answer to each of the following questions:

'1. Name in full . . . John H. Moore . . .

'2. Residence, street and number . . . Town . . . Macomb . . . State . . . Illinois.

'3. P.O. Address, where notices are to be sent . . . P.O. Box 508, Macomb, Illinois . . .

'4. Name and business of the firm of which you are a member, or by which you are employed . . . Valentine Varnish Company . . .

'5. Place of business, street and number . . . 390 Wabash Avenue. Town . . . Chicago . . . State . . . Illinois.

'6. To whom payable in case

of death by accident. Give

full Christian name, residence

and relationship.

'Declaration.

'I, being desirous of becoming a member of the Iowa State Traveling Men's Association, inclose herewith the membership fee of $2, and do warrant the above statement to be true; and I hereby agree that I will comply with the requirements of the constitution and by-laws and that this declaration shall be the basis of membership between me and the said association.

'Signature of applicant . . . J. H. Moore . . .

'Dated at Grinnell, Iowa, this 30th day of September, 1891.

'Recommended by . . . J. H. Neal and M. Black . . .

'The following is to be filed only at the office of the association in Des Moines.

'Application and membership fee of $2 received this 3d . . . day of . . . October . . . 1891.

'Signed by.......O. W. Hazard......

'No. 5,016. Treasurer.'

On October 3, 1891, pursuant to this application John H. Moore was elected a member of the association and to him at that time was issued a membership card 'showing', as per stipulation in the record, that 'he was a member of the association. ' Shortly thereafter he received from the association the following document:

'No. 5,016. No Exceeding $5,000.

'The Iowa State Traveling Men's Association, Des Moines, Iowa,

'By this certificate of membership, certifies that John H. Moore is a member of the Iowa State Traveling Men's Association, and is entitled to all the benefits accruing from such membership under the provisions of the constitution and by-laws of the association. In witness whereof, the Iowa State Traveling Men's Association, at its home office, in Des Moines, Iowa, has caused this certificate to be signed by its president and secretary, and its corporate seal to be hereunto affixed, this 3d day of May, A.D. 1892.

'(Sea.)

W. F. Mitchell, President. 'F. E. Haley, Secretary.

On October 13, 1892, John H. Moore died intestate at his residence, at Macomb, in Illinois. On November 5, 1892 letters of administration on the estate of said Moore were issued to his wife, under the name of Margaret Moore, by the county court of McDonough county, Ill. On May 3, 1893, said administratrix, named in the praecipe 'Maggie M....