League v. Kavanagh

• Decision Date: 08 April 1908
• Citation: 84 N.E. 178,233 Ill. 175
• Parties: ROYAL LEAGUE v. KAVANAGH.
• Court: Illinois Supreme Court

233 Ill. 175
84 N.E. 178

ROYAL LEAGUE
v.
KAVANAGH.

Supreme Court of Illinois.

Feb. 20, 1908.
Rehearing Denied April 8, 1908.

Appeal from Appellate Court, First District, on Appeal from Circuit Court, Cook County; J. W. Mack, Judge.

Suit for injunction by the Royal League against Anna Sexton Kavanagh. From a decree dismissing the bill for want of equity, plaintiff appeals. Affirmed.

[233 Ill. 176]

[84 N.E. 179]

Mann & Miller, for appellant.

233 Ill. 177]W. S. Oppenheim (Walter H. Chamberlain, of counsel), for appellee.
[233 Ill. 178]DUNN, J.

The appellant filed its bill in the circuit court of Cook county for an injunction to restrain the appellee from bringing an action in the state of Missouri against the appellant upon a benefit certificate issued by it to Thomas W. Kavanagh, in which the appellee was named as beneficiary. The circuit court sustained a demurrer to the bill, which was thereupon dismissed for want of equity, and, that decree having been affirmed by the Appellate Court, this further appeal is prosecuted by the appellant.

It appears from the bill that the appellant is a fraternal insurance society organized in 1883 under the laws of the state of Illinois, having the object, among other things, of establishing a fund for the benefit of the widows and orphans of deceased members. It operates and conducts its business under the provisions of the laws of this state, and has always done so, and its principal office is, and has always been, in the city of Chicago. It operates through subordinate councils, which are authorized to admit acceptable persons to beneficiary membership, one of which councils, known as ‘Lake Shore Council No. 59,’ located in the city of Chicago, in September, 1895, admitted to membership Thomas W. Kavanagh, who was then a citizen of Illinois residing in Chicago. He signed an application containing the following agreement: ‘If accepted as a member I agree to comply with, and that my membership and all [233 Ill. 179]interests of the persons entitled to such benefits shall be subject to, all laws, rules and usages now in force in the order or which may be hereinafter adopted by it.’ Having passed a medical examination, his application was approved, he was admitted to membership, and received a benefit certificate providing that ‘upon condition that the statements made by him in his application for membership in said council, the representations and agreements made and subscribed to by him in the medical examiner's blank, * * * be made a part of this contract, and upon condition that the said member complies, in future, with the laws, rules and regulations now governing the said council and fund or that may hereafter be enacted by the supreme council to govern said council and fund, all of which are also made a part of this contract. These conditions being expressly assented to and complied with, the supreme council of the Royal League hereby promises and binds itself to pay out of its widows' and orphans' benefit fund to Anna Sexton Kavanagh, wife, a sum not exceeding $4,000, in accordance with and under the provisions of the law governing said fund, upon satisfactory proof of death of said member and upon the surrender of this certificate, provided that said member is in good standing in this order at the time of his death,’ etc. kavanagh's acceptance of the certificate was evidenced by an indorsement upon the bottom thereof, signed by him, as follows: ‘I accept this certificate on the conditions named herein.’

In March, 1893, there was enacted a bylaw as follows: ‘If any member shall, within two years subsequent to his admission into this order, die by his own act or hand, sane or insane, his...