Jones v. Modern Brotherhood of Am.
| Decision Date | 08 April 1913 |
| Citation | 140 N.W. 1059,153 Wis. 223 |
| Parties | JONES v. MODERN BROTHERHOOD OF AMERICA. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Milwaukee County; W. J. Turner, Judge.
Action by Margaret Jones against the Modern Brotherhood of America. From judgment of nonsuit, plaintiff appeals. Affirmed.
This is an appeal from a judgment of nonsuit. The action is upon a benefit certificate for $500 issued by the defendant, a foreign fraternal beneficiary organization, May 30, 1908, on the life of one Richard Burke in favor of the plaintiff, who was his foster mother. The assessments were 65 cents per month, and were payable to the secretary of the local lodge at Milwaukee. Burke became a paid fireman in the service of the city of Milwaukee November 1, 1909; this was a prohibited occupation under the terms of the certificate, and his entering into that occupation ipso facto made the certificate void; the plaintiff paid the dues to the secretary of the local lodge monthly as they fell due; when she paid the monthly dues accruing next after Burke became a fireman she asked the secretary of the local lodge whether Burke was still a member, he having joined the fire department, and the secretary told her he would write to the supreme lodge and let her know; when the plaintiff came to pay the dues on the following month, the secretary told her he had not heard from the supreme lodge, but it was all right because he had not heard from them; plaintiff also asked Mrs. Allen (the outgoing president of the local lodge) in January, 1910, if her son could still be a member, and Mrs. Allen promised to find out and let her know, but never did so; Burke was killed in performing his duty at a fire in Milwaukee March 24, 1911; his assessments were fully paid at the time; the local lodge gave notice to the supreme lodge, and blank proofs were sent by the secretary of the supreme lodge to the plaintiff, which were executed at an expense of $1 and forwarded to the supreme lodge; payment was refused, and this action brought. It appeared also that some person acting on behalf of the defendant offered to return to the plaintiff the amount of the premiums paid while the deceased was a member of the fire department, but that she refused to receive the money.
The certificate provided that the articles of incorporation and the by-laws of the defendant society should form a part of the contract of insurance; among these by-laws were the following:
...
To continue reading
Request your trial
-
Sovereign Camp Woodmen of World v. Barnes
...in and subject to the constitution and laws then in force or thereafter enacted. 104 Ark. 538; 183 U.S. 308; 180 P. 2; 188 S.W. 941; 153 Wis. 223. The failure of William E. Barnes to comply with the requirements of reinstatement prevented a recovery. 133 Ark. 411; 136 Ark. 355; 85 S. R. 827......
-
Hartman v. National Council of Knights and Ladies of Security
... ... of his misfortune. A recovery on the policy was denied. In ... Lathrop v. Modern Woodmen of America, 56 Or. 440, ... 106 P. 328, 109 P. 81, it was held by this court that: ... by the later decision ... Again, ... in Squires v. Modern Brotherhood, 68 Or. 336, 135 P ... 774, the court, speaking by Mr. Justice Ramsey, said: ... "But, ... ...
-
Sovereign Camp, W. O. W. v. Garner
... ... 456; [127 Miss ... 901] Britt v. W. O. W., 134 S.W. 1073; Knode v ... Modern Woodmen, 157 S.W. 818; Day v. Supreme Forest, ... etc., 156 S.W. 721. If appellee's contention ... of that fact. Modern Woodmen v. Tevis, 117 F. 369 ... See, also, Jones v. Modern, Bro., etc., 140 N.W ... 1059; Bacon, Benefit Societies (3 Ed.), 434 ... "A ... specifically exclude such authority. Glaspy v. United ... Brotherhood, 163 Ill. 478 ... Where a ... policy is issued to a member of a benefit society, ... ...
-
Haycock v. Sovereign Camp, Woodmen of the World
...of the order to bind the sovereign camp or his camp.” The organization is quite similar to that noticed in Jones v. Modern Brotherhood of America, 153 Wis. 223, 140 N. W. 1059;Knoebel v. North American Accident Ins. Co., 135 Wis. 424, 115 N. W. 1094, 20 L. R. A. (N. S.) 1037. The controvers......