Karcher v. Supreme Lodge Knights of Honor
| Decision Date | 28 June 1884 |
| Citation | 137 Mass. 368 |
| Parties | Theresa Karcher, administratrix, v. Supreme Lodge Knights of Honor |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
[Syllabus Material]
Suffolk. Contract by the administratrix of the estate of George W. Karcher, to recover the sum of $ 2000, and interest thereon. Trial in the Superior Court, before Rockwell, J who reported the case for the determination of this court, in substance as follows:
The plaintiff is the widow of George W. Karcher, and the beneficiary named in the certificate hereinafter referred to.
The defendant is a corporation, incorporated under the laws of the Commonwealth of Kentucky. Section two of its charter is as follows: "The objects of the corporation shall be: To unite fraternally all acceptable white men of every profession, business, and occupation; to give all moral and material aid in its power to its members and those depending upon its members by holding moral, instructive, and scientific lectures, by encouraging each other in business and by assisting each other to obtain employment; to promote benevolence and charity by establishing a widows' and orphans' benefit fund, from which, on the satisfactory evidence of the death of a member of the corporation who has complied with its lawful requirements, a sum not exceeding five thousand dollars shall be paid to his family or as he may direct; to provide for creating a fund for the relief of sick and distressed members; to ameliorate the condition of humanity in every possible manner." The defendant corporation is the supreme authority of the order known as the "Knights of Honor."
The plaintiff's intestate was duly admitted as a beneficiary member of said order on or about April 24, 1877, and the defendant made with him a contract in writing, designated as a benefit certificate, which contained the following:
"This certifies that George W. Karcher has received the degree of manhood; that he is a beneficiary member of this lodge in good standing; that, in accordance with, and under the provisions of, the laws governing the order, the sum of two thousand dollars will be paid by the Supreme Lodge Knights of Honor of the World, as a benefit, upon due notice of his death and the surrender of this certificate to such person or persons as he may by will or entry on record-book of this lodge, or on the face of this certificate, direct the same to be paid, provided he is in good standing when he dies."
On the face of the certificate was the following, signed by George W. Karcher: "It is my will that the benefit named in this certificate be paid to my wife, Theresa Karcher."
Golden Rule Lodge No. 206 Knights of Honor of Boston, which admitted Karcher to the order, and of which he was a member, was a subordinate lodge, existing by authority of the defendant corporation, and Karcher was, on December 10, 1878, suspended in usual form by the Golden Rule Lodge for nonpayment of an assessment, amounting to one dollar, to the widows' and orphans' benefit fund.
Karcher became sick, and was obliged to leave work on account of his sickness on September 15, 1878, and was reported sick in the Golden Rule Lodge prior to the time he was declared suspended, and from September 15, 1878, he did not resume work, and was physically unable to do so until he died, on May 9, 1879, of pulmonary consumption.
The constitution prescribed by the defendant corporation for subordinate lodges contained the following: "Any member considering that injustice has been done him by the decision of this lodge may, within one month after such decision, make a written appeal to the supreme or grand lodge, if in session, or to the supreme or grand dictator during a recess, stating his reasons therefor." The constitution of said supreme lodge contained the following provision: "It shall be the body to which all appeals shall be made on all matters of importance emanating from grand and subordinate lodges." No appeal was taken by Karcher, in accordance with the above provisions.
The plaintiff contended, and offered to prove, that Karcher had complied with the laws of this lodge and of the defendant corporation, and was, in accordance with said laws, in good...
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