Lavin v. Grand Lodge A. O. U. W.
Decision Date | 15 December 1903 |
Parties | LAVIN v. GRAND LODGE A. O. U. W. OF MISSOURI.<SMALL><SUP>*</SUP></SMALL> |
Court | Missouri Court of Appeals |
Appeal from St. Louis Circuit Court; Daniel G. Taylor, Judge.
Action by Annie Lavin against the Grand Lodge of the Ancient Order of United Workingmen of Missouri. From a judgment for plaintiff, defendant appeals. Reversed.
F. H. Bacon, for appellant. J. J. O'Donohoe, for respondent.
Statement.
The defendant is a fraternal beneficiary association having grand and subordinate lodges. Prior to July 24, 1901, Patrick Lavin had taken the workman degree of the order, and was a member of Standard Lodge, No. 80, and had received from the grand lodge a beneficiary certificate, No. 53,366, insuring his life in the sum of $2,000, payable at his death to his wife, Annie Lavin, the plaintiff. On July 24, 1901, Patrick Lavin died. The defendant refused to pay the insurance, and this suit was brought to enforce its payment.
There are two defenses set up by the answer: First, that Patrick Lavin failed and neglected to pay the monthly assessment of $2.62 for the month of September, 1900, as required by the laws of the order, on or before the 28th day of said month, by reason of which failure the certificate sued on ipso facto, under the laws of the order, became null and void; second, on November 1, 1900, Patrick Lavin abandoned his membership and severed his connection with the lodge. It was shown by the laws of the order that each member is required to pay a monthly assessment for the purpose of providing a fund to meet death losses, and that special monthly assessments for the same purpose may be made from time to time by the grand officer of the order when the death losses are more than normal. These assessments are classified according to the ages of the members, and increase with their ages. The monthly assessments of the members of the age of Patrick Lavin for September, 1900, was $2.62. In addition to this assessment, each member of a subordinate lodge is required to pay in advance $1 per quarter as quarterly dues. The income from quarterly dues is used for the purpose of defraying the expenses of the grand and subordinate lodges, and to pay the salaries of the officers.
Law 196 of the order is as follows:
Law 197 is as follows:
The order has an official organ, called "The Overseer," issued monthly, and mailed free to every member. It was admitted that Patrick Lavin received the September, 1900, number of the Overseer. This number contained the following:
Other laws of the Order provide for a reinstatement of a beneficiary certificate after three months, and after six months, but they are of no importance in this case, as no application was made by Lavin at any time for reinstatement.
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