Lindsay v. Hotchkiss
| Decision Date | 29 January 1917 |
| Docket Number | No. 12063.,12063. |
| Parties | LINDSAY et al. v. HOTCHKISS et al. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Jackson County; Norman Woodson, Special Judge.
Suit by B. J. Lindsay and others against Margaret A. Hotchkiss and others. Judgment for plaintiffs, and defendants appeal. Affirmed.
Park & Brown, of Kansas City, for appellants. Samuel R. Freet, of Kansas City, for respondents.
The controversy herein grows out of litigation between Margaret Hotchkiss and the Supreme Lodge, Knights of Pythias, over a benefit certificate for $3,000 on the life of her husband, payable to her at his death. It seems that during the lifetime of the insured he became unable to pay his dues or assessments for the insurance, and under a by-law of the Supreme Lodge authorizing it the local lodge (Denison No. 3, of Texas) of which insured was a member entered into a contract with him whereby it agreed to pay his dues and have a lien on the certificate for reimbursement. Said lodge did pay them for many years to an amount aggregating the sum of $233, and then, so it claimed, notified insured it would pay no longer, and, according to the said lodge's contention, the insured acquiesced in said refusal and abandoned the insurance. At any rate it refused to pay the assessments of December, 1910, and January, 1911, and insured died before another became due. The Supreme Lodge refused to pay the certificate, claiming a forfeiture for nonpayment of the two assessments above mentioned. Thereupon suit was brought on said certificate by Margaret Hotchkiss, the beneficiary, resulting in a judgment in her favor, which, on appeal, was affirmed by this court. See Hotchkiss v. Supreme Lodge, Knights of Pythias, 178 Mo. App. 137, 165 S. W. 1120, wherein it was held the insurance was not forfeited unless the local lodge notified insured it would no longer pay, which the plaintiff therein denied, and which the jury found it did not do. Upon the affirmance of this judgment, and while Margaret Hotchkiss was demanding payment thereof, the said local lodge, Denison No. 3, laid claim to $233 thereof, being the amount paid out by it in dues for insured as aforesaid. In order that payment of the judgment might not be hindered by said claim, the Supreme Lodge and said Margaret Hotchkiss entered into a written stipulation that of the amount paid by the Supreme Lodge $233 should be deposited with the defendant Shoemaker, clerk of the circuit court in which judgment was obtained, and the "plaintiff above named shall bring an equitable action to compel the defendants to interplead as to which of them is entitled to said fund," and that "said sum of money shall remain in the hands of the clerk, and shall not be withdrawn at the instance or request of either of the parties to this stipulation, but only in pursuance of a decree of the court or of an agreement of these parties." (It is clear from the language of the stipulation that the Supreme Lodge is therein referred to as "the plaintiff above named," and that Margaret Hotchkiss and Denison Lodge No. 3 are meant when the term "defendants" is used.) Said stipulation also provided that the "plaintiff above named" shall "at once secure valid service upon defendant Denison Lodge No. 3 whether said lodge is incorporated or not." Upon the execution of said stipulation by the Supreme Lodge and Margaret Hotchkiss the former paid the judgment in full, placing $233 of it with the clerk as provided in said stipulation, and satisfaction of said judgment was acknowledged.
Inasmuch as the Supreme Lodge had divested itself of the fund by paying it into court, or to the clerk, and had no further interest therein, it could not bring the bill of interpleader. Wherefore the trustees of Denison Lodge No. 3 filed a "petition in equity" in said circuit court of which Shoemaker is clerk, alleging that Denison Lodge is a voluntary unincorporated association under the jurisdiction of the Texas Grand Lodge, Knights of Pythias; that plaintiffs are its trustees, and have no adequate remedy at law, and therefore bring this action in equity for the use and benefit of said Denison Lodge. Said petition, after alleging that the Supreme Lodge, Knights of Pythias, is a corporation, and that Shoemaker is clerk of the circuit court aforesaid, then alleged the contract said local lodge had with Hotchkiss the insured; that it had paid $233 in dues; that said certificate had been paid in full; and that, "pursuant to an agreement made by said defendant Margaret Hotchkiss, the defendant Supreme Lodge, Knights of Pythias, and these plaintiffs, the sum of $233 was deposited as a part of said judgment with the defendant James B. Shoemaker, in his capacity as clerk of the circuit court of Jackson county, Mo., to be held by him subject to the order of this court; that said defendant James B. Shoemaker stands ready and willing to pay said sum now in his hands in accordance with the order of this court." The petition closed with a prayer for judgment directing said Shoemaker to pay said sum to the plaintiffs.
On the same day the petition was filed Shoemaker answered admitting he had said money and stood ready to pay it in accordance with the order of the court, and the Supreme Lodge answered that it had paid said money into the hands of said Shoemaker, clerk, and had no further right, title, or interest therein.
The next day after the petition was filed Margaret Hotchkiss filed an answer and counterclaim. In her answer she admitted all the allegations of the petition except as to Denison Lodge being an unincorporated association and as to plaintiffs being its trustees, of which she had no sufficient information to form a belief and demanded strict proof. Said answer then alleged the contract between Denison Lodge and Hotchkiss, the insured; that said local lodge breached said contract and failed to pay the two assessments hereinbefore mentioned, whereby, on the death of said insured, the Supreme Lodge declared the certificate of insurance forfeited, and said Margaret Hotchkiss was obliged to sue for same, and in doing so incurred an expense of $1,395.20. Wherefore it was alleged that Denison Lodge had no lien on said money in the hands of the clerk, and prayer was made that the court direct payment thereof to be made to her, and that she have a decree for costs.
The counterclaim was based upon the alleged violation of...
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...In Lindsay v. Hotchkiss, appellant's main case, for example, the contract called for the depositing of the fund in court. Lindsay v. Hotchkiss, 193 S.W. 903. J. Nipper, J., concurs. Haid, P. J., not sitting. OPINION BECKER, J. This action arose out of a dispute between plaintiff and the def......
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