Lavin v. Grand Lodge of the Ancient Order of United Workmen of Missouri

• Decision Date: 19 January 1904
• Parties: LAVIN, Respondent, v. GRAND LODGE OF THE ANCIENT ORDER OF UNITED WORKMEN OF MISSOURI, Appellant
• Court: Missouri Court of Appeals

78 S.W. 325

104 Mo.App. 1

LAVIN, Respondent, v. GRAND LODGE OF THE ANCIENT ORDER OF UNITED WORKMEN OF MISSOURI, Appellant

Court of Appeals of Missouri, St. Louis

January 19, 1904

[Copyrighted Material Omitted]

Appeal from St. Louis City Circuit Court.--Hon. Daniel G. Taylor Judge.

REVERSED AND REMANDED.

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. 53366, 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 twenty-eighth 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 one dollar 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:

"Levy and Payment of Assessments.--Every member of the order who has received the workman degree shall, beginning with the month following his initiation, on or before the twenty-eighth day of each month, pay to the financier of the lodge of which he is a member, or if a member of a defunct lodge, or a lodge remaining suspended for more than ten days to the grand recorder, one assessment according to the foregoing rates."

Law 197 is as follows:

"Suspension for Non-Payment of Assessments.--A failure or neglect of any member to pay any assessment on or before the twenty-eighth day of the month in which the same is payable to the financier of his subordinate lodge, or to the grand recorder, as provided by law, shall work ipso facto a suspension and forfeiture of all rights under any beneficiary certificate issued to him to whomsoever the same may be payable, and no action on the part of the lodge or any officer thereof shall be required as essential to such suspension and forfeiture.

"Any person suspended or expelled from the order for any cause whatever, forfeits all claim to the beneficiary fund during suspension or expulsion."

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:

"St. Louis, Mo., Sept. 1, 1900.

"To officers and members of subordinate lodges A. O. U. W., in Missouri.

"Brethren: You are reminded that under the laws of the order one assessment under the classified plan, according to age is payable on or before the twenty-eighth day of September, 1900, by all members who have received the workman degree before the first day of September, 1900.

"This assessment will be known officially as assessment No. 9 of 1900.

"For the information of members I certify that the following deaths of members of the order in good standing in their respective lodges have been officially reported to me since my last monthly report:

(Here follows list of deaths, which is omitted as immaterial.)

"No Notice of Assessment Required--Members not Paying Stand Suspended.--The laws of the order do not provide for any notice of assessments either to lodges or members, but that every member of the order who has received the workman degree shall, beginning with the month following his initiation, on or before the twenty-eighth day of each month, pay to the financier of the lodge of which he is a member, or, if a member of a defunct lodge, or a lodge suspended for more than ten days, to the grand recorder, one assessment according to the classified rates according to age. If such assessment is not paid on or before the twenty-eighth day of the month the member stands suspended, and can only be reinstated on compliance with the laws relating to reinstatement.

"LODGES MUST PAY PROMPTLY.

"Subordinate lodges, on the first day of each month, are required by law to forward to the grand recorder, the amount then in its beneficiary fund, which should be equal to one classified assessment, according to age, for all the members of the lodge in good standing on the twenty-ninth day of the previous month, and such sums as have been received since the last report for reinstatements. Such assessment, payable by the lodge, is due on the first day of each month, is delinquent after the eighth of the month, and if not paid on or before the fifteenth of the month when due, the lodge stands suspended and can only be reinstated upon paying all arrearages of assessments and their indebtedness to the grand lodge, together with a fine of five cents per member for each assessment unpaid, and with the consent of the grand master workman.

"No officer of the grand lodge nor of any subordinate lodge has any power to waive or dispense with any of the provisions or requirements of the laws of the order, and all lodges and members must understand that the laws of the order must and will be strictly enforced.

"Yours in C., H. & P.,

"HENRY W. MEYER,

"Grand Recorder."

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.

John Walsh was the financier of Standard Lodge No. 80. He testified that the assessments collected in any one month, he transmitted to the grand recorder early in the next succeeding month, usually about the eleventh or twelfth; that with the remittance, he transmitted a report of the membership of his lodge and the names of those who were suspended for failure to pay the assessments of the previous month, and that he, as financier, was required to pay to the grand recorder, the full amount of the assessments of all members of his lodge not reported as suspended for non-payment of assessments. He testified that his report to the grand lodge for September, 1900, was made out on the twelfth of October, 1900; that Patrick Lavin failed to pay the September, 1900, assessment and when he made his report, he reported Lavin as suspended for non-payment of the September assessment. This report was introduced in evidence and showed under the head of "Decrease of membership since last report, Patrick Lavin, whose certificate is No. 53366, forty-seven years old, rate of assessment $ 2.62, date of suspension, 9--29, 1900." He further testified that it was his habit to receive monthly assessments from any member of his lodge, if paid at any time before he made up his monthly report and when so paid, he did not report him as suspended, although the payment was made after the twenty-eighth day of the previous month, and that Patrick Lavin had frequently paid his monthly assessments, prior to September, 1900, later than the twenty-eighth of the month, the day on which it was payable, and had been reported as having paid on the twenty-eighth of the month. He further testified that Patrick Lavin, nor anyone for him, on the twenty-eighth of September, 1900, or on any day prior to the making and forwarding of the report for that month, had paid or offered to pay the September, 1900, assessment, and that it had at no time been paid or tendered. He also testified that for the accommodation of the members of his lodge, he had authorized his daughter to receive payment of their assessments at his home.

He further testified that in the spring of 1902, the plaintiff came to him about the certificate of insurance; that he advised her to write a letter to the lodge and give it to him and he would present the letter to the lodge; that a few days afterwards, she or one of her children handed him a letter which he gave to the recorder of the lodge. Plaintiff swore she could not write and that she did not authorize anyone to write to the lodge for her, and that she neither gave or sent a letter to Walsh. The letter was offered in evidence by the defendant, but was excluded by the court. It reads as follows:

"St Louis, Mo., April 17, 1902.

"Dear Sir (not addressed to anybody): I am writing you this letter to ask assistance for myself and five helpless children. My husband, Patrick Lavin, died nine months ago. He was a member of your lodge. I was unable, utterly unable, to keep up payments of his lodge, so he fell back during the strike, was never able to catch up. He was in poor health, but always tried to keep on his feet, and to work, as we had no other support than his wages, which were $ 1.25 per day. Now since he is dead I am left to pay rent, get food and...